40 C.F.R. § 745.115
§ 745.115 Agent responsibilities. (40 CFR Part 745)
Operative Text
(a) Each agent shall ensure compliance with all requirements of this subpart. To ensure compliance, the agent shall: (1) Inform the seller or lessor of his/her obligations under §§ 745.107, 745.110, and 745.113. (2) Ensure that the seller or lessor has performed all activities required under §§ 745.107, 745.110, and 745.113, or personally ensure compliance with the requirements of §§ 745.107, 745.110, and 745.113. (b) If the agent has complied with paragraph (a)(1) of this section, the agent shall not be liable for the failure to disclose to a purchaser or lessee the presence of lead-based paint and/or lead-based paint hazards known by a seller or lessor but not disclosed to the agent.
Under 40 CFR Part 745 § 745.115, real estate agents and other agents involved in the sale or lease of pre-1978 housing bear an independent responsibility to ensure that lead-based paint disclosure requirements are met. An agent must both notify the seller or lessor of their disclosure obligations and either confirm those obligations have been fulfilled or step in to fulfill them directly. Importantly, an agent who properly notifies the seller or lessor of their obligations is shielded from liability if that seller or lessor withholds known lead-based paint information from the agent.
Plain English — not legal advice.
Property managers and owners working with agents on sales or leases of pre-1978 housing should understand that § 745.115 places an active compliance role on those agents — meaning agents are expected to verify that disclosure duties under the lead-based paint rules have been carried out, not simply pass paperwork along. Compliant operators generally maintain clear records showing that sellers or lessors were informed of their obligations and that all required disclosures, acknowledgments, and pamphlet distributions were completed before any transaction closed. Keeping thorough documentation of these steps supports a clear compliance record if questions arise later.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 745.115, tenants and buyers of pre-1978 housing benefit from a layered system of accountability, where both the landlord or seller and their agent share responsibility for ensuring lead-based paint disclosures are properly made. If a disclosure was not provided as required, a tenant or buyer may have grounds to raise that failure — whether as a defense in a legal proceeding, as a complaint to the U.S. Environmental Protection Agency (EPA), or through HUD's enforcement channels. Tenant-rights organizations and legal aid offices can help individuals understand what disclosures should have been provided and what general options exist when those disclosures appear to be missing.
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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