The Federal Lead Paint Disclosure Law Every Pre-1978 Colorado Home Sale Has to Follow

By Prerna Kapoor, CLHMS | REAL Brokerage | August 10, 2026

I’ve shown a handful of homes in Park Hill and Congress Park this year where the listing paperwork flagged something before we ever walked in the door: the house was built before 1978. Most buyers treat that like a fun fact about the era. It’s actually a legal trigger. If a home was built before 1978, federal law requires a specific disclosure about lead-based paint before anyone signs a contract, and it has nothing to do with Colorado’s own disclosure form.

What “Before 1978” Actually Triggers

Lead-based paint for residential use was banned in the U.S. in 1978, and Congress followed up in 1992 with the Residential Lead-Based Paint Hazard Reduction Act, known as Title X. The EPA calls anything built before that ban “target housing,” and the rule applies the same way whether the sale is a starter home in Aurora or a property in Cherry Hills. It’s federal, not a Colorado-specific rule, so it applies the same way here as it would in Ohio or anywhere else.

What Sellers Actually Have to Do

Before a buyer signs anything, you’re required to hand over the EPA’s “Protect Your Family From Lead In Your Home” pamphlet, disclose whatever you actually know about lead paint or lead hazards on the property, and turn over any test results or reports you have, even old ones. The contract itself needs a Lead Warning Statement written into it or attached as an addendum. Then the buyer gets a 10-day window to have their own paint inspection or risk assessment done before they’re locked in, unless both sides agree in writing to a different number of days. You’re supposed to keep a signed copy of everything for three years after closing. This runs alongside, not instead of, Colorado’s own Seller’s Property Disclosure requirements, so you still fill that out separately.

What It Doesn’t Require (This Trips People Up)

Here’s the part almost every seller gets wrong: the law doesn’t make you test for lead paint, and it definitely doesn’t make you remove it. You only have to disclose what you already know. If you’ve never tested and have no reports, you disclose that you have no knowledge, and that’s a legitimate answer. A few situations are flat-out exempt: homes built in 1978 or later, foreclosure sales, housing already tested lead-free by a certified inspector, and narrower categories like short-term leases under 100 days. If someone tells you this means hiring a crew to scrape and repaint before listing, that’s not what the rule says.

Why This Shows Up More Than People Expect Around Here

A lot of the South Denver suburbs I work in skew newer, but Denver proper has real pockets of pre-1978 stock, especially Park Hill, Capitol Hill, Baker, and Congress Park, where plenty of homes go back to before 1950. By most estimates, roughly three-quarters of homes built before 1978 have some lead-based paint somewhere, and that share climbs into the high 80s the further back you go before 1940. That doesn’t mean every one of these houses is a hazard. Paint that’s intact and undisturbed is generally not considered dangerous. It becomes a concern when it’s peeling, chipping, or getting sanded during a renovation, which is exactly why the disclosure has to happen before anyone starts pulling up trim or knocking out a wall. This 10-day inspection right works a bit like a general home inspection period, just narrower in scope and specific to paint.

What Happens If You Skip It

Real estate agents share responsibility for this disclosure alongside the seller, which is one reason I ask about a home’s build year the moment I take a listing. Skipping it isn’t a paperwork technicality. The EPA can pursue civil penalties that run well into five figures per violation, and buyers also have a private right to sue for damages if they later discover paint hazards nobody disclosed. It’s a different mechanism than Colorado’s own radon disclosure law, but the same idea underneath it: disclose what you know, and let the buyer decide what to do with that information. I’ve never had a client want to test that boundary once they understand what’s at stake, and the disclosure itself takes far less time than most people expect.

Quick answers

Does this mean I have to test my home for lead paint before I sell? No. You only have to disclose what you already know, including any past test results. Testing itself isn’t required.

My home was built in 1979. Does any of this apply to me? No. The rule only applies to housing built before 1978. If your records confirm that build year, you’re outside the rule entirely.

Can a buyer waive the 10-day inspection period? Yes. Buyers can waive it in writing, and both sides can agree to a shorter or longer window than the standard 10 days.

Prerna Kapoor | REALTOR® | Luxury Home Specialist
REAL Brokerage | 720-949-5450 | info@prernakapoor.com
CLHMS • RENE • PSA • ABR | International Sterling Society Award Winner

Prerna specializes in residential real estate across Parker, Aurora, Lone Tree, Castle Pines, Highlands Ranch, Cherry Creek, Greenwood Village, and Centennial. She speaks English, Japanese, and Hindi.