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Houston sellers with a home built before 1978 have one lead-paint job before a buyer signs: disclose what you know, hand over the federal pamphlet, and give the buyer the inspection opportunity required by federal law. The rule is not a Houston-only formality. It comes from the federal lead-based paint disclosure program for pre-1978 housing, and it applies to most sales of older houses, duplexes, condos, and townhomes in the Houston area.
The cutoff year matters. EPA says Congress banned lead-based paint for residential use in 1978, so federal disclosure rules focus on housing built before that year. A 1965 Oak Forest ranch, a 1930s Heights bungalow, a Midtown fourplex, and an older Galveston County rental each deserve a document check before the contract packet goes out. A 1985 house usually does not trigger the federal lead disclosure rule, but sellers still should answer the Texas seller disclosure notice accurately if they know about a hazard.
What Houston sellers must give a buyer
The federal rule is specific. Before the buyer is obligated under a sales contract, the seller must disclose known lead-based paint and known lead-based paint hazards, provide any available records or reports, give the buyer the EPA-approved pamphlet, and include the required lead warning statement in the contract. EPA's own summary of the real estate disclosure rule describes these steps for sales and leases of pre-1978 housing.
Use plain language in the disclosure. If a 2019 inspection found lead paint on original window sashes, say that. If an owner has no lead reports and no known lead hazard, say that instead of guessing. Do not call the home "lead free" unless a qualified inspection or clearance document supports that statement. Silence creates risk; an accurate "no knowledge and no records" statement is different from hiding a report in an old closing file.
The pamphlet requirement is also separate from the disclosure form. Buyers must receive Protect Your Family From Lead in Your Home, the EPA/HUD/CPSC pamphlet used in residential transactions. Send it with the seller disclosure packet and keep proof that the buyer received it. If the contract is signed electronically, the acknowledgment should be retained with the final contract file.
Federal rules also give the buyer a 10-day period to conduct a lead-based paint inspection or risk assessment unless the parties agree in writing to a different period or the buyer waives the opportunity. The contract should show the choice. A buyer may waive the inspection window, but the seller should not pressure the buyer into a waiver or treat a waiver as permission to omit known information.
The recordkeeping period is three years. The federal regulations require sellers and agents to keep the signed disclosure and acknowledgment records after the transaction. For a Houston seller, that means saving the lead form, pamphlet acknowledgment, contract addendum, inspection waiver if used, and any reports delivered to the buyer in the same folder as the closing statement.
Local facts that change the risk
Houston has many pre-1978 houses in the Heights, Montrose, Third Ward, Eastwood, Garden Oaks, Lindale Park, River Oaks, and other close-in neighborhoods. Age alone does not prove lead paint is present. It does tell a seller to slow down and check files before listing, accepting a cash offer, or signing an as-is contract.
Lead risk rises when old painted surfaces are disturbed. Friction points such as window troughs, doors, porch rails, stair trim, and painted cabinets can produce dust. Peeling exterior paint near soil can matter, too. The CDC explains that children can be exposed by swallowing or breathing lead dust, and its lead prevention guidance focuses on keeping children away from chipped paint and contaminated dust. That health context is why the sale paperwork asks for known hazards before the buyer commits.
Texas does not replace the federal lead disclosure package with a Houston-specific shortcut. The Texas Real Estate Commission seller's disclosure notice asks about known lead-based paint, known lead-based paint hazards, and related reports. TREC also publishes the Seller's Disclosure Notice used in many Texas residential transactions. That notice is useful, but it does not remove the federal pamphlet, warning statement, inspection opportunity, or recordkeeping duties for pre-1978 housing.
Condominiums and small multifamily properties need the same age check. A seller of an older condo unit may have records for the interior only. A fourplex owner may also have tenant files, renovation records, and prior risk assessments. Give buyers the records you have. If the file is incomplete, say exactly what is known and what is not in the seller's possession.
Inspections, repairs, and offers
Lead testing is not mandatory just because a Houston home was built before 1978. The law requires disclosure of known information and an inspection opportunity; it does not require every seller to test before sale. Testing can still be sensible when painted surfaces are deteriorated, a prior owner mentioned lead, the buyer asks for documentation, or renovation work has disturbed old paint.
There are two common professional services. A lead-based paint inspection identifies lead paint on surfaces. A risk assessment looks for current hazards such as deteriorated paint, dust, or soil contamination. Ask the inspector or risk assessor for certification and a written scope before the appointment. Keep the report. If the sale continues, deliver the report to the buyer rather than summarizing it from memory.
DIY test kits can help an owner decide where to be cautious, but they are a poor substitute for a transaction report. A buyer, lender, relocation company, or attorney may not accept a hardware-store swab as proof. If the result will affect price, repairs, or closing terms, use a certified professional and keep the written report in the disclosure file.
Repair choices should match the contract. Encapsulation, component replacement, specialized cleaning, and abatement have different costs and documentation. If the seller agrees to repair a lead hazard before closing, the contract should identify the work, deadline, contractor standard, access terms, and paperwork due at completion. A vague promise to "fix lead paint" invites a later dispute.
Renovation work has its own rule set. EPA's Renovation, Repair and Painting program covers many contractors who disturb painted surfaces in pre-1978 homes, and EPA describes the RRP certification requirements for firms and renovators. A seller who hires someone to scrape, sand, cut, or replace painted components before closing should confirm lead-safe practices before work begins.
An as-is sale does not erase disclosure. A cash buyer can agree to buy the house in its current condition. The seller still must provide known lead information for a pre-1978 residence before the buyer is bound. The practical benefit of an as-is offer is usually fewer repair negotiations, not permission to skip the lead addendum.
Houston seller checklist before signing
First, confirm the year built from appraisal district records, prior closing papers, permits, or the listing file. If the year is 1978 or earlier, treat the home as covered until a document shows otherwise. If the year is uncertain, disclose conservatively and ask the title company or broker which forms they expect in the contract package.
Second, search for records. Look for old inspection reports, abatement invoices, insurance claims, tenant complaints, renovation files, and prior seller disclosures. Forward records that discuss lead-based paint or lead hazards. Do not bury an unfavorable report because a later repaint made the house look clean.
Third, complete the federal lead disclosure addendum and the Texas seller disclosure notice consistently. A buyer should not see "unknown" on one form and a detailed lead report attached to another. Inconsistencies slow underwriting, invite option-period questions, and can make a clean closing harder.
Fourth, document delivery. Send the EPA pamphlet, signed disclosure, warning statement, inspection election, and reports before contract execution. Save email receipts or the electronic-signature certificate. After closing, keep the packet for at least three years.
Finally, price the issue honestly. A well-documented lead disclosure may preserve value by preventing surprise negotiations after the buyer has already spent time on inspections and contract review. If the property has peeling paint, old windows, or a tight deadline, compare the cost of testing or repair against the value of selling as-is with a clear written disclosure.
For Houston sellers, lead-paint compliance is a paperwork sequence, not a speech. Check the build year. Disclose known facts. Provide the federal pamphlet. Preserve the buyer's inspection choice. Keep the signed records. Those steps protect the transaction and give the next owner the information federal law expects them to have before closing.