Lead-Based Paint Disclosure (Sales & Leases) — Kentucky Edition Template

Federal law — Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, codified at 42 U.S.C. § 4852d, with implementing regulations at 24 C.F.R. Part 35 and 40 C.F.R. Part 745 — requires sellers and lessors of most housing built before 1978 to disclose known lead-based paint and lead-based paint hazards before the buyer or tenant is obligated under the contract. Noncompliance carries real teeth: civil penalties, potential treble damages to injured purchasers, and joint enforcement by EPA and HUD. Agents have independent duties under the rule to ensure compliance.

This template package covers both the sales and lease versions of the disclosure. It includes the seller's/lessor's disclosure of known lead-based paint and hazards (or affirmation of no knowledge), the records and reports acknowledgment, the buyer's acknowledgment of receipt of the EPA "Protect Your Family From Lead in Your Home" pamphlet, the buyer's 10-day risk assessment/inspection opportunity (which may be waived in writing in sales transactions), and the agent's acknowledgment of compliance duties — all with the certification-of-accuracy signature block the regulation requires each party to execute.

The 4-page package also includes a one-page compliance checklist for agents: which transactions are covered (pre-1978 "target housing"), the exemptions (0-bedroom dwellings, housing for the elderly, foreclosure sales, short-term leases of 100 days or less, and others), timing requirements, and the record-retention rule (keep executed disclosures for at least 3 years). Because this is a federal requirement the core language is uniform nationwide, but the included notes flag states that layer additional lead disclosure or inspection requirements on top of the federal floor.

About this Kentucky Edition: Every template was redrafted around the Kentucky real estate license law (KRS Chapter 324) and the Kentucky Real Estate Commission's agency disclosure regulation (201 KAR 11:121), under which licensees must deliver the Commission's agency disclosure form at first substantive contact and may act as a dual agent only with the informed written consent of both parties — so the dual agency consent in this set is a true consent instrument with the statutory disclosures spelled out. The seller disclosure edition tracks the Commission's required Seller's Disclosure of Property Condition regime, the listing and buyer agreements carry the written-agreement and definite-termination-date requirements Kentucky brokers are held to, the independent-contractor agreement reflects affiliation-through-the-principal-broker supervision, and every instrument recites the Kentucky Uniform Electronic Transactions Act and the Kentucky statute of frauds (KRS 371.010). Kentucky has no general broker commission lien statute, so the disbursement authorization relies on contractual escrow and closing-agent instructions rather than a lien claim. Not legal advice; have a Kentucky-licensed attorney review before use.