Lead-Based Paint Disclosure (Sales & Leases) — Oregon 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 Oregon Edition: Every form has been redrafted around Oregon's real estate license law in ORS chapter 696, including the Initial Agency Disclosure Pamphlet requirement (ORS 696.820), the statutory duties of seller's and buyer's agents (ORS 696.805 and 696.810), and Oregon's "disclosed limited agency" regime (ORS 696.815), which replaces dual agency and requires written consent from both the seller and the buyer. The seller disclosure, addendum, counteroffer and buyer agreement forms are built around the statutory Seller's Property Disclosure Statement (ORS 105.462–105.490) and the buyer's five-business-day revocation right under ORS 105.475, while the listing, buyer, referral and termination forms rely on Oregon's statute of frauds for broker compensation agreements (ORS 41.580) and Oregon's Uniform Electronic Transactions Act (ORS chapter 84). The independent contractor and team agreements track Oregon's independent contractor standard (ORS 670.600) and the principal broker / associated broker supervision structure, and the commission disbursement form addresses the commercial real estate broker lien under ORS 87.925 et seq.