Preparing lead-based paint disclosures requires researching current EPA and HUD requirements, verifying compliance with Section 1018, reviewing property documents for lead-related information, and ensuring all mandatory elements are included. Manual drafting takes hours of research and cross-referencing to avoid compliance errors that could derail closings or expose clients to liability.
Creating lead-based paint disclosures for pre-1978 properties is time-consuming and risky. Missing required elements can result in EPA penalties up to $16,000 per violation, treble damages in lawsuits, and transaction delays. Manual drafting requires careful attention to federal regulations under 42 U.S.C. § 4852d and EPA Section 1018.
CaseMark automates the entire lead-based paint disclosure process, ensuring every federal requirement is met. Simply upload your property and transaction documents, and receive a fully compliant, execution-ready disclosure that satisfies EPA, HUD, and federal law requirements in minutes.
This workflow is applicable across multiple practice areas and use cases
Environmental attorneys advising clients on EPA Section 1018 compliance and lead hazard disclosure requirements for property transactions and environmental due diligence.
Lead-based paint disclosure is fundamentally an environmental compliance issue governed by EPA regulations, making it directly relevant to environmental law practice.
Commercial landlords leasing pre-1978 properties with residential components or mixed-use buildings must provide EPA-compliant lead paint disclosures to tenants.
Federal law requires lead-based paint disclosures for any residential rental property built before 1978, including commercial properties with residential units or live-work spaces.
Attorneys defending or prosecuting cases involving failure to disclose lead paint hazards need properly documented EPA-compliant disclosures as evidence.
Non-compliance with lead disclosure requirements is a common source of real estate litigation, making proper disclosure documentation critical for both plaintiffs and defendants.
Commercial real estate transactions involving pre-1978 buildings with residential components require lead paint disclosures during property sales and transfers.
Mixed-use commercial properties and commercial buildings being converted to residential use trigger lead disclosure requirements under federal law.
Federal law requires lead-based paint disclosures for all residential properties built before 1978, whether being sold or leased. This includes single-family homes, condominiums, apartments, and multi-family properties. The disclosure must be provided before a buyer or tenant becomes obligated under a contract, and all parties must retain signed copies for at least three years.
Failing to provide proper lead-based paint disclosure can result in severe consequences. The EPA can impose civil penalties up to $16,000 per violation. Buyers or tenants can file private lawsuits seeking treble damages plus attorney's fees. Knowing and willful violations may result in criminal liability. These penalties apply even if no lead paint is actually present in the property.
Yes, for purchase transactions, federal law requires sellers to provide buyers with a 10-day opportunity to conduct a lead-based paint inspection or risk assessment at the buyer's expense. Buyers can waive this right, or the parties can negotiate a different time period. For lease transactions, the inspection opportunity is not required, though tenants must still receive the disclosure and EPA pamphlet.
You must still complete the disclosure even without actual knowledge of lead paint. The disclosure allows you to state that you have no actual knowledge of lead-based paint or hazards after reasonable inquiry. You must still provide the EPA pamphlet 'Protect Your Family from Lead in Your Home' and offer the inspection opportunity for sales. Not knowing does not exempt you from the disclosure requirement.
CaseMark's disclosure generator is built on the exact requirements of 42 U.S.C. § 4852d, EPA Section 1018 regulations, and 24 CFR Part 35. It includes all federally mandated sections, proper acknowledgment language, required certifications, and signature blocks. The system automatically structures the document to meet EPA and HUD standards, reducing the risk of costly compliance errors.