3.2 Lead Paint & Radon Disclosure

Federal Lead-Based Paint Disclosure

The federal Residential Lead-Based Paint Hazard Reduction Act (Title X), enforced through the EPA/HUD Lead Disclosure Rule (40 CFR 745), applies to target housing built before 1978. Lead paint was banned for residential use in 1978, so the build date is the decisive fact on the exam.

Required Elements for Pre-1978 Housing

The seller need not test for or remove lead. A penalty for knowing violation can reach civil and treble-damages exposure under federal law, so the documentation is taken seriously.

Exemptions from the Federal Rule

• Housing built 1978 or later
• Zero-bedroom units (studios, lofts)
• Housing certified lead-free by an inspector
• Short-term rentals of 100 days or fewer
• Foreclosure sales

Trap: A home built in 1977 is covered; a home built in 1978 is not. The cutoff is "before 1978," meaning 1977 and earlier.

Illinois Radon Awareness Act

The Illinois Radon Awareness Act (420 ILCS 46) is a state-specific layer that applies to all residential sales, regardless of build year or whether radon has ever been found. Radon is a naturally occurring radioactive gas and a leading cause of lung cancer, which is why Illinois mandates awareness even when no test exists.

What the Seller Must Provide Before the Buyer Is Bound

The radon form must be signed by the seller, the buyer, and both real estate licensees — a frequently tested detail. Like the lead rule, the Act does not require the seller to test or remediate.

EPA Radon Action Levels

The 4 picocuries per liter (pCi/L) action level is the number to memorize. Any level carries some risk, but EPA recommends fixing homes at or above 4 pCi/L.

Comparing the Two Disclosures

Applying the Environmental Rules in Practice

Sequencing the Paperwork

Because both the lead and radon disclosures must be in the buyer's hands before the buyer is contractually bound, a careful Illinois broker assembles a disclosure packet at listing or first showing: the seller's 24-item report, the federal lead disclosure plus the EPA pamphlet (only if pre-1978), and the IEMA radon pamphlet with the signed Disclosure of Information on Radon Hazards. Delivering these late re-opens the buyer's right to walk and creates avoidable liability.

Lead Inspection Window in Detail

The federal 10-day inspection opportunity is a calendar-day window beginning when the disclosure obligations are met. The parties may agree to a different length or the buyer may waive it in writing, but the seller cannot unilaterally shorten it. During this window the buyer may, at their own expense, conduct a lead-based-paint inspection or risk assessment.

Mitigation and Negotiation

If a radon test returns a result at or above 4 pCi/L, the buyer commonly negotiates for the seller to install a radon mitigation system (typically a sub-slab depressurization fan and vent pipe) before closing, or for a credit. Neither the Act nor the contract forces the seller to remediate; it becomes a negotiated term. A seller who does install mitigation must then disclose its existence on the radon form for the next sale.

Worked scenario: A 1985 condo seller has never tested for radon. Lead disclosure does not apply (post-1978), but the radon disclosure does — the seller must still deliver the IEMA pamphlet and the signed radon form even though there are no test results. The form simply states that no elevated level is known and no mitigation system is present. This is the most common point students miss: radon disclosure is universal for residential sales, while lead disclosure hinges entirely on the pre-1978 build date.