Lead-Based Paint Disclosure (Sales & Leases) — Maryland 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 Maryland Edition: the template and its drafting notes are adapted for Maryland practice under the Maryland Real Estate Brokers Act, Md. Code, Bus. Occ. & Prof. Title 17, administered by the Maryland Real Estate Commission. Maryland permits dual agency only as broker-level dual agency with intra-company agents designated for buyer and seller, so the consent document in this edition is drafted as a Dual Agency / Intra-Company Agent Consent and pairs with the Commission's "Understanding Whom Real Estate Agents Represent" disclosure. The Seller Property Condition Disclosure is a supplemental instrument that references (and does not replace) the statutory Disclosure/Disclaimer statement required by Md. Code, Real Prop. § 10-702, and adds Maryland items such as private water and septic, pre-1978 rental lead registration, Chesapeake Bay Critical Area, and condominium/HOA resale disclosures. Electronic signatures are addressed under the Maryland Uniform Electronic Transactions Act, Md. Code, Com. Law Title 21. Not legal advice; have a Maryland-licensed attorney review before use.