The only federally-mandated disclosure when selling a house is disclosing the presence of lead in the home – it’s that important. Lead is highly toxic, especially to children, whose young bodies are still developing, as well as pregnant mothers and their unborn babies. In 1992, the government passed the Lead Law, requiring disclosure of the known presence of lead in homes before the sale of a house.

If you’re buying a house that was built prior to 1978, there’s a good chance there is some lead around; and the older the house, the more likely the presence of lead. Some owners of older homes may have already done some lead abatement (removal), so the concern about the presence of lead should not discourage you from considering the purchase of an older home. Nonetheless, lead will probably be something you will have to deal with to some degree in an older home.

Seller’s Responsibility

Contrary to what many people assume, the seller does not have to get the house tested for lead. The law only requires that the seller disclose if he or she has knowledge of the presence of lead. So if the seller never had the house tested and was never told by anyone that there is lead in the house, the seller will declare that he or she has no knowledge of the presence of lead. A seller is required to allow a buyer 10 days after the agreement of sale to have the house tested for lead. This allows the buyer to back out or renegotiate, depending on the results.

Buyer’s Options

That leaves it up to you, the buyer, to decide if you want to get the house tested for lead. At ETS, we strongly encourage any home buyer to test for lead in houses built before 1978. While some people feel it is unnecessary if they don’t have small children and if there’s no visible sign of paint deterioration, long-term exposure to lead isn’t good for anyone. Over time, small amounts of lead can build up in your body and begin to cause gastrointestinal problems, sleep problems and neuromuscular or neurological issues as well as affect mood and memory.

Testing your house at the time of purchase can be very beneficial because it can help you determine where lead is hiding in the home and how best to remedy it. If it is only found in a few places in the home, you could decide to negotiate a lower purchase price to provide you with the finances to correct the problem. Once you have found lead in the home, the seller will be aware; he would then have to disclose that knowledge to future potential buyers, so the seller is likely to be willing to negotiate. If, however, you find significant lead in the home, you may decide it’s best to walk away and find another “dream house.”

Testing the House

It is not recommended that you use an over-the-counter testing kit to test the house for lead because such kits are unreliable and can only test surfaces. Many homeowners are under the misconception that painting over lead paint provides protection. This is not true. Lead can continue to leach through the new layers of paint. And as the lead paint continues to deteriorate under the new paint, chipping will eventually occur, exposing lead and releasing it into the air.

For this reason, the EPA encourages homeowners to hire a certified lead abatement contractor or inspector to determine if lead is present. At ETS, we have specialized testing equipment, including an X-Ray Fluorescence Analyzer (XRF) that can find lead hiding under years of paint-overs. We have the expertise and experience to know where lead hides, and we can advise you on how best to resolve the problem. Sometimes lead needs to be removed, but sometimes it can be encapsulated. Encapsulants are materials that are applied over lead-based paint to seal the paint to a surface and prevent the release of paint chips or dust.

It’s important to us to help our customers make the right decisions about how to keep their families safe. If you are buying a home built prior to 1978, call us for a lead paint inspection and assessment before buying the home so you know all your options and can buy the right home with confidence.