Selling or Buying a Pre-1978 Home in Chicagoland? Here's How the Lead Paint Disclosure Works

So much of what people love about Chicago-area homes is their age: the bungalows, the two-flats, the vintage condo buildings with wood trim and big old windows. If a home was built before 1978, though, there's one extra piece of paperwork in every sale, and it's about lead-based paint. After 25 years of closings, I can tell you it's simple once you know what it is, and it only causes trouble when someone skips it or rushes it.

Why 1978 is the magic year

Federal rules draw the line at 1978: the disclosure rule applies to homes built before then, and doesn't apply to housing built after 1977. The EPA's Lead-Based Paint Disclosure Rule says that before a buyer signs a contract on most pre-1978 homes, the seller has to share what they know about lead paint in the property. (EPA: Real Estate Disclosures about Potential Lead Hazards)

Illinois lines up with the federal rule. The Illinois Lead Poisoning Prevention Act requires owners of homes built before 1978 to give prospective buyers an informational brochure on lead hazards before signing a sales contract, consistent with the federal disclosure rule. (410 ILCS 45/9.1)

What sellers have to do

According to the EPA, if you're selling a pre-1978 home, you need to:

• Give the buyer a copy of the pamphlet Protect Your Family From Lead in Your Home.
• Disclose anything you know about lead-based paint or lead hazards in the home, such as where it is and the condition of the painted surfaces.
• Hand over any records or reports you have about lead in the home. In a multi-unit building, that includes reports on common areas and building-wide testing.
• Include a "Lead Warning Statement" with the contract, signed by the parties to confirm everything was done.
• Keep a signed copy of the disclosure for three years after the sale closes.

Here's the part that surprises a lot of sellers: you don't have to test your home for lead before you sell. The EPA says plainly that the rule doesn't require the seller to do or pay for an inspection. (EPA: Frequent Questions on the Disclosure Rule) You just have to be honest about what you already know and share what you already have.

One Illinois wrinkle: if the state ever issued a lead mitigation notice for your unit, you have to tell buyers in writing that a lead hazard was previously identified, usually by giving them a copy of the mitigation notice and inspection report, unless you've since received a certificate of compliance. (410 ILCS 45/9.1)

What buyers get: a 10-day window

Buyers of a pre-1978 home get the right to a 10-day period to have the home checked for lead-based paint or lead hazards before they're locked into the contract. Buyer and seller can agree in writing to make that window longer or shorter, and a buyer can also waive it in writing. (EPA)

If you're buying an older home and lead is a concern for your household, don't wave this off without thinking. A certified lead inspector or risk assessor can test the paint, and the EPA has a locator tool to find one. Your regular home inspection is a different thing, so ask your inspector what's covered and what isn't.

Homes the rule doesn't cover

The EPA lists a few exceptions, including:

• Homes built in 1978 or later.
• Zero-bedroom units like studios and lofts, unless a child under six lives or is expected to live there.
• Homes where a certified inspector has already tested the painted surfaces and found them free of lead-based paint.
• Foreclosure sales.

If you're not sure whether your property fits an exception, ask your real estate attorney before you assume it does.

Planning pre-listing paint work? Read this first

A lot of sellers want to freshen up trim, swap old windows or patch walls before photos. In a pre-1978 home, the EPA's Renovation, Repair and Painting Rule generally requires anyone who is paid to disturb paint there to be a certified firm using lead-safe work practices. That includes painters, carpenters, plumbers, electricians and general contractors, and window replacement is always covered. (EPA: RRP Program for Contractors)

So when you're getting quotes, ask each contractor whether they're lead-safe certified. It's a quick question that can save you a headache.

Investors and two-flat owners

If you own an older two-flat or small apartment building, remember the disclosure rule covers leases too, not just sales. Keep any lead reports organized in one folder. When it's time to sell, you'll need to hand them to the buyer anyway, and a clean paper trail makes the building easier to sell.

The bottom line

The lead paint disclosure is a few pages of paperwork, a pamphlet and an honest answer about what you know. Get it in front of the buyer before the contract is signed, give them their 10-day window, and keep your copy. Done right, it's one of the easiest parts of selling a vintage home.

Buying or selling a classic older home anywhere in Chicago or the suburbs? Call or text me at 312.882.9797. I'll make sure the details like this are handled correctly, with full service and a lower commission.

This article is general information, not legal or environmental advice. Talk with a real estate attorney or a certified lead professional about your specific property.