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Guide

Selling a Pre-1978 Home in NY: Lead Disclosure

Published by Onondaga Lead Services Updated June 23, 2026

This guide is general information, not legal or medical advice. Lead rules depend on your specific property and situation. Confirm details with the linked government sources, and rely on a licensed contractor or attorney for advice about your case.

Selling an older home in New York comes with a federal lead paint step that catches some sellers by surprise. If your home was built before 1978, you have specific disclosure duties before the sale closes. This guide walks through them and links to the official sources. When it helps, you can get a lead paint inspection to go into the sale informed.

What the federal Lead Disclosure Rule requires of sellers

Under Section 1018 of Title X, enforced by the EPA and HUD, before a buyer is obligated under a sales contract for most housing built before 1978 the seller must:

  • Disclose any known lead-based paint and lead-based paint hazards in the home.
  • Provide the buyer with any available records and reports about lead in the home.
  • Give the buyer the EPA pamphlet Protect Your Family From Lead in Your Home.
  • Include a lead warning statement and the required disclosures in the sales contract.
  • Keep the signed acknowledgment as part of the records for the transaction.

The full requirements are on the EPA real estate disclosure page.

The buyer's 10-day inspection window

For sales, the seller must give the buyer a 10-day period (or another period both sides agree to in writing) to conduct a lead-based paint inspection or risk assessment. The buyer can use it or waive it. As a seller, knowing your home's lead status before listing can help you avoid surprises during this window.

How an inspection helps sellers

  • You can disclose accurately instead of guessing.
  • You can decide whether to address anything before listing.
  • You reduce the chance of a deal stalling during the buyer's inspection period.

A lead paint inspection or lead paint test gives you that picture. We connect you with a licensed contractor; we do not perform the work or give legal advice about your sale.

Verify the details

Lead disclosure intersects with your contract and financing, so confirm specifics with the EPA Lead Disclosure Rule and your real estate professional or attorney before you list.

Frequently asked questions

Do I have to disclose lead paint when selling my New York home?

If your home was built before 1978, the federal Lead Disclosure Rule requires you to disclose known lead-based paint and hazards, provide available records, give the buyer the EPA pamphlet, and include a lead warning statement in the sales contract. This applies in New York as it does nationwide.

What is the 10-day lead inspection period?

For sales of most pre-1978 homes, the seller must give the buyer a 10-day period to have the home inspected or tested for lead-based paint and hazards, unless both parties agree in writing to a different timeframe. It is an opportunity to inspect, not a requirement to do so.

Do I have to fix lead paint before selling?

The federal disclosure rule requires disclosure, not repair. It does not by itself require you to remediate lead paint before a sale. Other rules can apply depending on the buyer and financing, and an inspection can help you understand your options. Confirm specifics with the EPA and your real estate professional.

Ready to talk with a licensed lead paint contractor?

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