40 C.F.R. § 745.110
§ 745.110 Opportunity to conduct an evaluation. (40 CFR Part 745)
Operative Text
(a) Before a purchaser is obligated under any contract to purchase target housing, the seller shall permit the purchaser a 10-day period (unless the parties mutually agree, in writing, upon a different period of time) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. (b) Not withstanding paragraph (a) of this section, a purchaser may waive the opportunity to conduct the risk assessment or inspection by so indicating in writing.
Under § 745.110, before a home sale contract becomes binding, sellers of pre-1978 residential housing ("target housing") must give buyers a default window of 10 days to arrange a lead-based paint risk assessment or inspection. The parties can agree in writing to a different timeframe, or the buyer can waive the evaluation opportunity entirely through a written waiver. This rule establishes a procedural right tied to the contract formation stage, not a requirement that any inspection actually occur.
Plain English — not legal advice.
Sellers and their agents operating under § 745.110 generally ensure that purchase contracts are structured so that the 10-day evaluation period is clearly preserved before the buyer becomes contractually obligated. Compliant practice includes documenting any mutually agreed alternative timeframe in writing and retaining a signed waiver if the buyer elects to forgo the inspection opportunity. Maintaining clear records of these written agreements is a standard part of a lead-disclosure-compliant transaction file.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
As a buyer of pre-1978 housing, § 745.110 gives you the right to a 10-day window to arrange a lead-based paint inspection or risk assessment before you are bound by a purchase contract. If you were not offered this opportunity and did not sign a written waiver, that omission may be relevant to your rights under federal lead disclosure rules. Tenant and homebuyer rights organizations, as well as your state's consumer protection office, can explain how a violation of § 745.110 might be raised in a complaint or other enforcement context.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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