Lead Paint Disclosure: What Oklahoma Sellers Must Do

Federal Law. No Exceptions. No "I Didn't Know."

If you're selling a home built before 1978 in Oklahoma — or anywhere in the United States — federal law requires you to disclose what you know about lead paint. This isn't optional. It isn't a suggestion. It isn't something your agent "handles." It's a legal requirement with real teeth and real penalties.

And here's the prediction error that gets sellers into trouble: they think disclosure law requires them to find lead. It doesn't. It requires them to disclose what they already know. The distinction matters enormously, and misunderstanding it leads to two opposite mistakes — sellers who spend thousands on unnecessary testing before listing, and sellers who pretend they don't know about the peeling paint in the nursery that their contractor mentioned five years ago.

The Three Required Disclosure Elements

1. Disclose What You Know

You must disclose any known lead-based paint or lead-based paint hazards in the home. This includes:

• Any lead testing reports you have — whether the results were positive or negative
• Knowledge of lead paint presence (even without formal testing) — if a contractor told you, if a home inspector mentioned it, if the previous owner disclosed it to you
• History of lead-related repairs or remediation — if someone encapsulated, abated, or stabilized lead paint in the home, that's disclosable
• Any lead-based paint hazard conditions — deteriorating paint, dust hazards, contaminated soil that you're aware of

Note that key word: known. You're not required to test for lead. You're not required to hire an inspector. You're not required to go looking for problems. You are required to be honest about what you already know. Think of it like the medical concept of informed consent — the patient (buyer) has the right to make their decision based on all available information. Withholding what you know doesn't protect you. It creates liability.

2. Provide the EPA Pamphlet

Before sale, you must give buyers the EPA pamphlet "Protect Your Family From Lead in Your Home." It explains lead hazards, symptoms of lead poisoning, and how to reduce exposure. Your real estate agent typically provides this, but as the seller, you're responsible for making sure buyers receive it. You can't delegate the responsibility even if you delegate the task.

3. Give Buyers Time to Test

Buyers must be given a 10-day opportunity to conduct lead testing before becoming obligated under the purchase agreement. They can waive this right — and many do, especially in competitive markets — but they must be given the opportunity. You can't remove it from the contract, and you can't pressure them to waive it. Well, you can pressure them, but if something goes wrong later, that pressure becomes evidence.

The Disclosure Form — What You're Actually Signing

The disclosure must be documented in writing. Most Oklahoma real estate transactions use a standard form that includes:

• Seller's knowledge statement — What you know (or don't know) about lead paint. There are boxes. "Known lead paint" vs "No knowledge of lead paint" vs "Records and reports attached"
• Records check — Any reports or records you're providing to the buyer
• Pamphlet acknowledgment — Buyer confirms they received the EPA pamphlet
• Testing opportunity acknowledgment — Buyer confirms they were given the 10-day testing opportunity (or chose to waive it)
• All parties' signatures — Seller, buyer, and agents all sign. Everyone is on record

This signed disclosure form becomes part of the real estate transaction file. It's evidence that you complied. It's also evidence of exactly what you disclosed — so the content matters as much as the signature.

What Disclosure Doesn't Require

To be clear — because I see unnecessary panic about this — the disclosure law does NOT require you to:

• Test for lead — You can sell without knowing if lead is present. You just disclose what you do know
• Remediate lead hazards — Disclosure is not the same as fixing. You disclose; buyers decide if they want to negotiate repairs
• Lower your price — You disclose; buyers decide what the home is worth to them given the information
• Guarantee the home is lead-free — You're only disclosing what you know, not certifying what's there

The law focuses on preventing deception, not requiring action. If you genuinely don't know whether lead paint is present, you can say so honestly — and many sellers of pre-1978 homes legitimately don't know.

When Not Disclosing Goes Wrong

Civil Penalties

• Up to $19,507 per violation (per HUD/EPA regulations)
• Three times the amount of actual damages suffered by the buyer
• Attorney's fees and court costs — the buyer's attorney, not yours

Criminal Penalties

Knowing violations — "I knew about the lead and chose not to disclose" — can result in criminal penalties including fines and imprisonment. This is rare, but it's available, and prosecutors tend to use it when children are harmed.

Lawsuits — The Big One

Beyond government penalties, buyers who discover undisclosed lead hazards can sue you for actual damages. These lawsuits can include:

• Remediation costs (which you didn't have to pay before)
• Medical expenses if children are harmed (these can be staggering)
• Punitive damages (courts don't look kindly on sellers who hide health hazards from families with children)
• Loss of property value claims

The math is simple. Disclosure costs nothing except honesty. Non-disclosure can cost everything. I've never seen a seller wish they'd disclosed less.

For Buyers: Use Your Rights

If you're buying a pre-1978 home in Oklahoma, you have specific protections. Use them:

You Should Receive:

• The EPA pamphlet before signing the contract
• A disclosure statement about the seller's lead knowledge
• Any available lead testing records
• 10 days to conduct your own testing (unless you waive this)

Don't Waive Your 10-Day Testing Window

I understand the competitive pressure in Oklahoma's housing market. I understand agents saying "the seller won't accept contingencies." But testing before you close gives you leverage that disappears the moment you sign:

• Negotiate based on findings — lead hazards are legitimate price adjustments
• Request remediation as condition of sale — the seller handles it before closing
• Walk away if hazards are unacceptable — your earnest money is protected during the testing period

After closing, you own whatever problems exist. The seller's obligation was to disclose what they knew. Your opportunity was to find out what they didn't know — or didn't want to mention. Testing costs a few hundred dollars. Discovering lead hazards after your toddler has been crawling on contaminated floors for six months costs a lot more than that.

For Real Estate Agents

Agents don't have personal knowledge of the home's lead status, but you have responsibilities that create personal liability:

• Ensure the seller completes the disclosure form — not just signs it, but completes it accurately
• Provide the EPA pamphlet to buyers — before the contract is signed, not at closing
• Document the buyer's testing opportunity — in writing, with signatures
• Keep signed disclosure forms on file — for your records as well as the transaction file

Agents who fail to facilitate disclosure can face penalties alongside sellers. Your license is on the line alongside your client's wallet. It's in everyone's interest to do this right.

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