FAQLead-Based Paint Disclosure

FAQ

Lead-Based Paint Disclosure for Washington Buyers

For homes built before 1978, federal law requires lead-based paint disclosure. Washington packages the requirement in NWMLS Form 22J.

What Form 22J covers

The Residential Lead-Based Paint Hazard Reduction Act, 42 U.S.C. 4852d, requires sellers of pre-1978 homes to disclose known lead paint and hazards, provide existing reports, and give the buyer the EPA pamphlet Protect Your Family From Lead in Your Home.

NWMLS Form 22J documents those steps and both parties certify compliance.

Buyer rights and timing

Federal law gives the buyer a 10-day opportunity to conduct a lead inspection or risk assessment before being obligated. The period may be lengthened, shortened, or waived by agreement.

If Form 22J arrives after mutual acceptance instead of before, the NWMLS purchase agreement may allow the buyer to rescind within three days of receipt.

Practical property review

A seller's no-known-lead answer is a knowledge statement, not a test result. Original painted surfaces, young children, renovation plans, or deteriorating paint deserve attention during the inspection window and can matter in a Form 35R response.

FHA and VA appraisals can require repair of defective paint on pre-1978 homes. Sources: 42 U.S.C. 4852d; NWMLS Forms 22J, 21, 35, 35R; EPA. This is general information, not legal advice.

Common Buyer Questions

What is Form 22J in Washington?

NWMLS Form 22J is the federally required lead-based paint disclosure for homes built before 1978. The seller discloses known lead paint and hazards, provides existing reports, and the buyer receives the EPA lead safety pamphlet.

Does a buyer get an inspection period for lead paint?

Federal law entitles the buyer to a 10-day opportunity to conduct a lead inspection or risk assessment before being obligated. The period can be lengthened, shortened, or waived by agreement between the parties.

What if the lead disclosure arrives after mutual acceptance?

Under the NWMLS purchase agreement, a buyer who receives Form 22J after mutual acceptance may rescind the agreement within 3 days of receipt, which makes timely delivery important for sellers.