Checking lead-disclosure scope before buying a pre-1978 residence
Understand your rights to lead-based paint disclosures in Illinois for homes built before 1978. Ensure you get required safety information before you sign.
The short answer
Federal law mandates that sellers and landlords disclose known lead-based paint information for most housing built before 1978. You have a legal right to receive all available records, a Lead Warning Statement, and a 10-day period for lead testing or assessments. Ensure compliance is met before committing to a contract or lease agreement.
Identifying Mandatory Disclosures
If the home was constructed before 1978, the seller must provide specific lead-hazard disclosures. This includes a Lead Warning Statement and any reports they possess. If the seller fails to provide these, they are in violation of federal requirements, which carry penalties.
Your 10-Day Inspection Right
Federal regulations grant you a 10-day period to perform a lead inspection or risk assessment. You can negotiate this timeframe in your contract. If the inspection reveals hazards, you can choose to move forward, renegotiate, or exercise your termination rights if permitted by your specific agreement.
Exceptions to the Rule
Not every older home requires a disclosure. Exemptions include housing for the elderly or disabled (unless children under six reside there), zero-bedroom units like studios, and homes that have been tested and confirmed free of lead-based paint. Verify if your property falls under these exemptions.
Record Keeping and Documentation
Sellers must keep disclosure records for three years. Ask your agent to ensure these documents are part of your transaction file. If they are missing, ask the seller for documentation or written confirmation regarding the property's testing status.
Checklist
- Confirm the property's construction year is before 1978.
- Request the Lead Warning Statement from the seller.
- Ask for any existing reports or records regarding lead-based paint.
- Include a lead inspection contingency in your purchase contract.
- Consider whether you would like to schedule a lead risk assessment or inspection within the 10-day window provided by federal regulations.
Common questions
Does the seller have to test the home for lead if I ask?
No. Federal law does not require landlords or sellers to conduct a lead inspection upon a buyer's or renter's request.
What if I find out about a lead hazard after I move in?
If the seller failed to disclose known information, they may be subject to penalties. Consult with a legal professional to discuss your options regarding misrepresentation.
Sources
- Illinois Residential Real Property Disclosure ActChecked October 12, 2026
- IEMA-OHS — Real estate radon guidanceChecked October 12, 2026
- EPA — Real estate lead-hazard disclosuresChecked October 12, 2026
- FEMA — Flood mapsChecked October 12, 2026
This guide is general educational content from SQFT IO, prepared with AI assistance. It is not legal, tax or loan advice. Talk with a licensed attorney, tax professional or lender about your situation. SQFT IO Illinois license 478.027617.