Lead-Based Paint Disclosure When Selling a Pre-1978 House in Washington (2026)

Short answer: If your house was built before 1978, federal law requires a lead-based paint disclosure before the buyer is locked into the contract. You give the buyer the EPA lead pamphlet, tell them about any lead-based paint or hazards you know of, hand over any lead reports or records you have, and give them 10 days to test unless you both agree to something else in writing. A signed disclosure form goes with the purchase agreement. You don’t have to test for lead or remove it.

This is general information, not legal advice. Federal and state rules can change, so confirm the requirements for your sale with your agent, escrow, or a Washington real estate attorney.

Does the rule apply to your house?

The federal rule is in 40 CFR Part 745, Subpart F. It covers "target housing," which is housing built before 1978. There are a few exemptions, including foreclosure sales and units where the living area isn’t separate from the sleeping area, like studios. Most detached houses, condos and townhouses built before 1978 are covered.

Not sure of the year? The county assessor record usually shows it. The Washington seller disclosure form (Form 17) asks the same thing: "Do you know the age of the house? If yes, year of original construction." The environmental section of that form also asks about lead-based paint, no matter what year the house was built. RCW 64.06.020 currently has two versions on the Legislature’s site: one marked effective until January 1, 2027, and one effective January 1, 2027. The questions quoted here appear in both. If your sale runs across the new year, check which form is being used.

What you have to do, and what you don’t

‍

Based on: 40 CFR 745.107, 745.110 and 745.113, and the EPA Lead Disclosure Rule fact sheet.

Timing matters

Under 40 CFR 745.107, the pamphlet, the disclosure and any records have to reach the buyer before the buyer is obligated under the contract. In a Washington sale, that usually means the lead disclosure is in the listing packet with Form 17 so the buyer sees it before making an offer.

If the disclosure happens after a buyer has already made an offer, the rule says you have to finish it before you accept, and the buyer has to be allowed to change the offer. That’s one reason to have the form ready before the house hits the market.

The 10-day testing window comes from 40 CFR 745.110. The buyer can agree in writing to a shorter or longer period, or waive the chance to test. Buyers often roll it into their general inspection period; see our guide to contingencies.

What the disclosure form includes

The EPA’s sample seller form follows 40 CFR 745.113. It has:

• The Lead Warning Statement, worded as the rule requires.
• Your statement: either known lead-based paint or hazards (and what you know), or no knowledge.
• A list of the lead reports and records you’re giving the buyer, or a statement that you have none.
• The buyer’s acknowledgment that they received the records and the pamphlet, and either got the testing opportunity or waived it.
• The agents’ acknowledgment that they told you about your obligations.
• Signatures and dates from you, the buyer and the agents.

A few practical points. "Records" means things like an old lead inspection, a risk assessment, or paperwork from lead abatement work. If you inherited the house and never lived there, you may honestly have no knowledge and no records; just say so on the form. Our guide to selling an inherited house covers the rest of that process. If you deliver the disclosure electronically, the EPA says the buyer has to consent to electronic delivery first.

The EPA pamphlet was revised in 2026 to reflect new dust-lead levels that took effect January 12, 2026. EPA’s page says older versions can still be used if they come with the supplement it provides. Your agent should be using the current one.

Fixing things up before you list

This is where pre-1978 sellers can get caught. EPA’s Renovation, Repair and Painting (RRP) rule says anyone paid to do work that disturbs paint in pre-1978 housing has to be certified and follow specific work practices. In Washington, the Department of Commerce certifies RRP firms and individual renovators.

• Hiring a painter or contractor? Ask for their RRP firm certification before they scrape, sand, cut into walls or replace windows.
• Small jobs. Washington’s rule (WAC 365-230-310) treats "minor repair and maintenance" as six square feet or less of painted surface per room inside, or twenty square feet or less outside. Window replacement and demolition never count as minor. Jobs in the same room within 30 days are added together.
• Doing it yourself? EPA says the RRP rule generally doesn’t apply to homeowners working on their own home. It does apply if you rent the home out.

Commerce is updating its lead rules (WAC 365-230) to match EPA changes that have to take effect by January 11, 2027. If your prep work runs into 2027, check the current rule.

A pre-listing inspection can help you decide what’s worth fixing. If you’d rather not do any work, see selling a house as-is in Washington; the lead disclosure still applies to an as-is sale.

What happens if it’s skipped

The EPA fact sheet says a seller or agent who fails to give the required information can be sued for triple the damages and may face civil and criminal penalties. The regulation (40 CFR 745.118) puts the triple-damages rule on anyone who knowingly violates it. It’s a short form. Filling it out honestly costs a lot less than a dispute after closing. For the other costs of a sale, see our guide to the true cost of selling a house in Washington.

FAQ

Do I have to test for lead paint before I sell my house in Washington?

No. The EPA’s fact sheet on the federal disclosure rule says it does not require sellers to test for or remove lead-based paint or lead-based paint hazards. What you do have to do for a house built before 1978 is give the buyer the EPA pamphlet, disclose what you know, hand over any lead reports or records you have, and give the buyer a chance to test.

Which houses need a lead-based paint disclosure?

Most housing built before 1978. The rule calls it target housing. There are some exemptions, such as foreclosure sales and units with no separate bedroom, like studios. If you aren’t sure the house was built before 1978, check the county assessor record. The Washington seller disclosure form also asks the year the house was built.

How long does the buyer get for a lead inspection?

Under 40 CFR 745.110, the buyer gets 10 days to have a risk assessment or inspection done, unless you both agree in writing to a different period. The buyer can also waive that chance in writing. The lead disclosure form records which one happened.

What if I didn’t give the lead disclosure before accepting an offer?

Under 40 CFR 745.107, the disclosure is supposed to happen before the buyer is obligated under the contract. If it happens after the buyer has made an offer, you have to complete it before you accept the offer and let the buyer amend the offer. If you’re already under contract without it, talk to your agent and a real estate attorney right away. The rule allows a buyer to sue a seller or agent who knowingly violates it for three times the damages.

Can I paint or fix things before listing a pre-1978 house?

Yes, but if you pay someone to do work that disturbs painted surfaces, they generally need lead renovation (RRP) certification. In Washington that certification goes through the Department of Commerce. Small jobs under the state’s minor repair limit, six square feet or less per room inside or twenty square feet or less outside, are treated differently. The EPA says the rule generally doesn’t cover homeowners working on their own home, but it does apply if you rent the home out.

Talk it through with a local agent

Peter Kim and Odigo Real Estate Club can get your disclosure packet together before the listing goes live, including Form 17 and the lead disclosure for older homes, with 25+ years combined experience, 593+ closings, and 122 five-star Zillow reviews. See our home selling services or ask for a property valuation.

Odigo Real Estate Club · REAL Brokerage, WA #112064 · 16108 Ash Way, Suite 201, Lynnwood, WA 98087 · (425) 409-3823 · Mon–Sat 9 AM–6 PM, closed Sunday

Sources

• Electronic Code of Federal Regulations, 40 CFR Part 745, Subpart F (disclosure of known lead-based paint hazards upon sale or lease; 745.103 definitions, 745.107 seller duties and timing, 745.110 10-day opportunity, 745.113 form contents and 3-year retention, 745.118 penalties), https://www.ecfr.gov/current/title-40/chapter-I/subchapter-R/part-745/subpart-F , accessed Nov 2, 2026.
• U.S. Environmental Protection Agency, Real Estate Disclosures about Potential Lead Hazards (seller duties, electronic disclosure consent), https://www.epa.gov/lead/real-estate-disclosure , accessed Nov 2, 2026.
• U.S. Environmental Protection Agency, Lead Disclosure Rule fact sheet (what is not required; triple damages), https://www.epa.gov/system/files/documents/2024-09/lead-disclosure-rule-fact-sheet.pdf , accessed Nov 2, 2026.
• U.S. Environmental Protection Agency, Lead hazard pamphlet for real estate disclosure (2026 revision; dust-lead levels effective Jan 12, 2026; older versions with supplement), https://www.epa.gov/lead/protect-your-family-lead-your-home-real-estate-disclosure , accessed Nov 2, 2026.
• U.S. Environmental Protection Agency, Sample seller disclosure form (lead-based paint) (Lead Warning Statement, seller, purchaser and agent sections), https://www.epa.gov/sites/default/files/documents/selr_eng.pdf , accessed Nov 2, 2026.
• U.S. Environmental Protection Agency, Lead Renovation, Repair and Painting Program (certification for paid work disturbing paint in pre-1978 housing; homeowner and rental coverage), https://www.epa.gov/lead/lead-renovation-repair-and-painting-program , accessed Nov 2, 2026.
• Washington State Department of Commerce, RRP certification (firm and individual RRP certification in Washington), https://www.commerce.wa.gov/lead-based-paint/rrp/ , accessed Nov 2, 2026.
• Washington State Department of Commerce, Rulemaking (WAC 365-230 update to comply with EPA by January 11, 2027), https://www.commerce.wa.gov/about/legislative/rulemaking/ , accessed Nov 2, 2026.
• Washington State Legislature, WAC 365-230-310 (minor repair and maintenance limits; 30-day aggregation), https://app.leg.wa.gov/wac/default.aspx?cite=365-230-310 , accessed Nov 2, 2026.
• Washington State Legislature, RCW 64.06.020 (seller disclosure statement form; version effective until Jan 1, 2027 and version effective Jan 1, 2027), https://app.leg.wa.gov/RCW/default.aspx?cite=64.06.020 , accessed Nov 2, 2026.

‍