Lead-Based Paint Disclosure (Sales & Leases) — Nebraska 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 Nebraska Edition: These forms are adapted to Nebraska's limited-agency framework under Neb. Rev. Stat. § 76-2401 et seq., using the state's own vocabulary (limited seller's agent, limited buyer's agent, limited dual agent, designated broker, affiliated licensee) and permitting dual representation only as a limited dual agent with informed written consent under § 76-2422, including the statutory confidentiality limits. The seller disclosure and transaction forms are keyed to the Nebraska Seller Property Condition Disclosure Statement requirement of § 76-2,120 (the Commission's prescribed form still controls), the statute of frauds (§ 36-105 for land contracts; § 36-202 for commission/brokerage agreements), and the Nebraska UETA (§ 86-621 et seq.) for electronic execution. Broker-side forms reflect the Nebraska Real Estate License Act (§ 81-885.01 et seq.) — broker supervision, commissions flowing only through the designated broker, broker-to-broker-only referral fees — and note that lien rights for unpaid commissions exist only for commercial property under the Nebraska Commercial Real Estate Broker Lien Act (§ 76-2601 et seq.).