Connecticut lead paint disclosure requirements: What buyers and sellers must know

Lead paint disclosure is one of the many legal requirements to mind when buying or selling a home in Connecticut. Lead-based paint, commonly used in homes built before 1978, poses significant health risks, particularly to children and pregnant women. 

Both federal and Connecticut state laws mandate strict disclosure protocols to protect homebuyers from potential hazards. And because Connecticut includes a lot of older homes, buyers and sellers will want to understand what is required of them. 

Federal Requirements: The Lead-Based Paint Hazard Reduction Act

At the federal level, the Lead-Based Paint Hazard Reduction Act of 1992 (commonly referred to as Title X) governs the disclosure of lead-based paint hazards in residential properties. Sellers and landlords of homes built before 1978 are required to:

1. Disclose Known Hazards: Sellers must provide buyers with any information they have about lead-based paint or lead hazards in the property.
2. Provide an EPA-Approved Pamphlet: Sellers must give buyers a copy of the Environmental Protection Agency’s (EPA) pamphlet, "Protect Your Family From Lead in Your Home."
3. Include Lead Disclosure Language: Sales contracts must include a lead paint disclosure form and specific warning language about lead-based paint.
4. Allow for Inspections: Buyers must be given a 10-day period (or a mutually agreed-upon time frame) to conduct a lead paint inspection or risk assessment before finalizing the sale.

Connecticut-Specific Lead Paint Disclosure Rules

‍In addition to federal requirements, Connecticut has its own set of rules and regulations regarding lead paint:

1. Mandatory Testing in Certain Situations: If a child under six years old has a confirmed elevated blood lead level, Connecticut law requires the health department to inspect the property where the child resides for lead hazards. Property owners may be required to remediate any identified hazards.
2. Lead Abatement Requirements: If lead hazards are identified, Connecticut mandates that abatement work must be performed by licensed professionals. Sellers are obligated to disclose any abatement work that has been completed on the property.
3. Child-Occupied Facilities: For properties where children frequently visit (such as daycare facilities), additional lead hazard reduction rules may apply under state law.

What Sellers Need to Know

‍For Connecticut sellers, adhering to lead paint disclosure requirements is essential to avoid legal repercussions and ensure a smooth transaction. Here’s what sellers should keep in mind:

• Full Disclosure: If you are aware of any lead-based paint or hazards in your home, you must disclose this information to potential buyers. Failing to do so could result in lawsuits or fines.
• Documentation: Keep records of any lead testing or abatement work performed on the property. Providing this documentation to buyers can help alleviate concerns and streamline the sale.
• Contracts: Ensure that the lead paint disclosure form is properly completed and included with the purchase agreement.

What Buyers Need to Know

‍For Connecticut buyers, understanding lead paint disclosure laws can help you make an informed decision:

• Review Disclosures Carefully: Review the lead paint disclosure form provided by the seller. If the seller discloses known lead hazards, you may want to request additional testing or consider negotiating for repairs.
• Inspection Rights: Use the 10-day window to have the property inspected for lead-based paint hazards. Hiring a certified lead inspector can provide peace of mind and help you understand any potential risks.
• Negotiation Opportunities: If lead hazards are identified, buyers can negotiate with sellers to address the issue before closing or adjust the purchase price to account for potential remediation costs.

Penalties for Non-Compliance

‍Both federal and state laws impose penalties for failing to comply with lead paint disclosure requirements. Sellers who neglect their obligations may face significant fines, legal action, and potential delays in the sale process. In rarer cases, failing to disclose known lead hazards can expose sellers to legal liability if the buyer suffers health issues related to lead exposure after the purchase.

‍Tips for a Smooth Transaction

‍To ensure compliance with lead paint disclosure requirements, consider the following steps: 

• Work with a Real Estate Attorney: Connecticut real estate transactions often involve complex legal requirements. An experienced attorney can help ensure that all disclosure forms are properly completed and that your rights are protected.
• Hire Certified Professionals: Whether you’re a seller addressing lead hazards or a buyer seeking an inspection, hiring licensed professionals is best for meeting state and federal standards.

Final Thoughts

‍Connecticut’s lead paint disclosure requirements are designed to protect buyers and their families from the dangers of lead exposure. For sellers, complying with these rules is not just a legal obligation but also a way to build trust with potential buyers. For buyers, understanding these disclosures empowers you to make informed decisions about your investment. Whether you’re buying or selling, consulting with a knowledgeable real estate attorney can help you navigate the process and ensure a successful transaction.

Need an attorney for your real estate closing? 

‍Attorney Charlene Pederson has been guiding Connecticut clients through residential real estate transactions for more than 30 years. If you need an experience attorney to represent you in your next closing, contact her directly today at charlene@pedersonlawct.com or 203-900-4371. We proudly serve the greater Greenwich, CT area, including Stamford, Darien, New Canaan, Westport, Norwalk, and Wilton.