Lead-Based Paint Disclosures in Michigan Real Estate | RE/MAX New Horizons

Buying or selling an older home in Michigan comes with a few additional considerations, and one of the most important is lead-based paint disclosure. If you are buying or selling a home built before 1978, federal law requires certain information about lead-based paint and potential lead hazards to be disclosed before the buyer becomes obligated under a purchase agreement.

Understanding the lead-based paint disclosure process can help both buyers and sellers avoid surprises and make informed decisions during a real estate transaction.

What Is Lead-Based Paint?

Lead was commonly used in residential paint for many years. In 1978, the federal government banned the use of lead-based paint in residential properties. Because of this, homes built before 1978 are more likely to contain lead-based paint.

Lead-based paint is not necessarily a problem simply because it exists in a home. The greatest concerns can occur when lead-based paint is peeling, cracking, chipping, or disturbed during repairs or renovations. Lead dust and paint chips can create health hazards, particularly for young children and pregnant women.

Which Michigan Homes Require a Lead-Based Paint Disclosure?

The federal Lead-Based Paint Disclosure Rule applies to most residential properties built before 1978.

This means that if you are selling a typical Michigan home constructed before 1978, a lead-based paint disclosure will generally be required.

There are some exemptions under federal law, including certain zero-bedroom housing, some housing specifically designed for the elderly or persons with disabilities, housing that has been tested and determined to be lead-based-paint free, and certain foreclosure sales.

Because there are exceptions, it is important to work with a real estate professional who understands when the disclosure requirements apply.

What Does a Seller Have to Disclose?

Sellers of covered properties are required to disclose known information about lead-based paint and lead-based paint hazards.

This can include:

• Whether the seller knows of lead-based paint or lead-based paint hazards
• Any available records or reports concerning lead-based paint
• Information from previous inspections or risk assessments
• Known locations or conditions of lead-based paint hazards

The seller is not generally required to have the home tested for lead-based paint simply because it was built before 1978. However, if the seller already has information or reports concerning lead-based paint, that information must be provided to the buyer.

Michigan also provides a lead-based paint disclosure form that contains the required warning and seller disclosure information.

What Does the Buyer Receive?

For a covered home, the buyer must receive important information before becoming obligated under the purchase contract.

This generally includes:

• A lead-based paint disclosure identifying known information about lead-based paint and lead hazards.
• Available records and reports regarding lead-based paint or lead hazards.
• A copy of the EPA's "Protect Your Family from Lead in Your Home" pamphlet.
• A Lead Warning Statement as part of the contract or an attached disclosure.
• An opportunity to conduct a lead-based paint inspection or risk assessment.

These requirements are intended to give buyers important information before they commit to purchasing an older home.

Does the Buyer Have to Get a Lead Inspection?

No. A buyer is not required to have the property tested simply because it was built before 1978.

However, federal law generally requires the seller to give the buyer an opportunity to conduct a lead-based paint inspection or risk assessment. The standard opportunity is 10 days, unless the parties agree otherwise in writing or the buyer chooses to waive the opportunity.

A buyer who is concerned about possible lead hazards can discuss testing options with their real estate professional and a qualified lead inspector or risk assessor.

Does a Pre-1978 Home Automatically Have Lead Paint?

No.

The age of the home means there is a greater possibility that lead-based paint was used, but it does not automatically mean that a particular home contains lead-based paint.

Likewise, the presence of lead-based paint does not automatically mean the home is unsafe. Proper maintenance and appropriate lead-safe practices can help manage potential hazards.

Why Is This Disclosure Important?

The purpose of the lead-based paint disclosure requirement is to make sure buyers receive information about potential lead hazards before purchasing an older home.

For sellers, completing the disclosure accurately is an important part of the transaction. Sellers should disclose what they actually know and provide any relevant records or reports in their possession.

For buyers, the disclosure provides an opportunity to learn about known lead hazards and decide whether additional testing or evaluation is appropriate.

What Should Buyers and Sellers Do?

If you are selling a home built before 1978, start by determining whether the property is subject to the lead-based paint disclosure requirements. Gather any records, inspection reports, or other information you have regarding lead-based paint before putting the home on the market.

If you are buying a pre-1978 home, carefully review the lead-based paint disclosure and any available reports. If you have concerns, ask questions and consider whether you want to have the property evaluated by a qualified professional.

Your real estate agent can help guide you through the disclosure paperwork and transaction process, but buyers and sellers should consult an appropriate qualified professional for specific legal, environmental, or health-related advice.

The Bottom Line

Lead-based paint disclosures are an important part of many Michigan real estate transactions involving homes built before 1978. The disclosure does not necessarily mean there is lead-based paint in the home—it means buyers have the right to receive information about known lead-based paint and lead hazards before purchasing most covered properties.

Whether you are buying your first home or preparing to sell an older Michigan property, understanding the lead-based paint disclosure requirements can help make the transaction smoother and ensure everyone has the information they need.

Sources: U.S. Environmental Protection Agency (EPA) and State of Michigan resources.

*Information deemed to be reliable but not guaranteed.