General information, not legal or health advice

Lead Based Paint Disclosure for Homes Built Before 1978

If the home you are buying or selling in Manchester or Coffee County was built before 1978, a federal lead based paint disclosure is part of the paperwork. It is separate from the Tennessee seller disclosure form, it has its own timing rules, and it gives buyers a specific chance to test the home before they are bound by the contract.

This guide explains what the federal rule says, what buyers and sellers each do, how lead testing works in Tennessee and what the renovation rules mean for older homes. Everything here comes from the U.S. Environmental Protection Agency (EPA), the U.S. Department of Housing and Urban Development (HUD), the federal regulations and the Tennessee Department of Environment and Conservation (TDEC). It is general information, not legal or health advice.

How many local homes this affects

Older homes are a real share of the local market. According to Realtracs MLS data, 268 of the 862 homes sold in Coffee County from October 2025 through September 2026 were built before 1978, or 31.1 percent. In Manchester (ZIP 37355) it was 111 of 397 sales, and in the Coffee County portion of Tullahoma it was 146 of 389. Of the 317 homes listed as active on October 27, 2026, 90 were built before 1978.

These counts use the same rules as my Coffee County market report: residential homes including modular, manufactured homes left out, and the year built as entered in the MLS by the listing agent. The year in the MLS is a starting point. For your own sale, confirm when the home was actually built.

Why 1978 matters

The EPA says lead based paint for use in homes was banned in the U.S. in 1978, but it is still present in millions of homes. On its renovation program page, the EPA says approximately three quarters of the homes in the United States built before 1978 still contain some lead based paint.

That does not mean every older home is a problem. The EPA says lead based paint is usually not a hazard if it is in good condition. Deteriorating paint, meaning paint that is peeling, chipping, chalking, cracking or damaged, is a hazard and needs prompt attention. The EPA adds that old or worn paint on surfaces with constant friction, like doors and window sills, can produce chips and dust that become a hazard when inhaled or swallowed.

Which sales the rule covers

The rule is found in the federal regulations at 40 CFR 745, Subpart F, and the same rule appears in HUD's regulations. It applies to the sale or lease of what the rule calls target housing: housing built before 1978. The rule leaves out:

• Housing for the elderly or persons with disabilities, and zero bedroom dwellings such as efficiencies and studios, unless a child under 6 lives or is expected to live there
• Sales at foreclosure
• Housing a certified inspector has tested and found to be lead based paint free (the EPA lists this exception on its disclosure page)
• Housing built after 1977

For rentals, the rule also leaves out leases of 100 days or less where no renewal or extension can occur. Whether your sale fits an exception is a question for your attorney.

What the seller must do

Under 40 CFR 745.107, before the buyer is obligated under any contract, the seller must:

• Give the buyer the EPA pamphlet Protect Your Family From Lead in Your Home, or an equivalent pamphlet the EPA has approved
• Disclose any known lead based paint or lead based paint hazards in the home, along with any information available about them, such as how it was determined, where it is and the condition of the painted surfaces
• Provide any available records or reports about lead based paint or hazards in the home
• Tell the agents involved what the seller knows and what records exist

The contract must also include a disclosure attachment under 40 CFR 745.113. It contains the federal Lead Warning Statement, the seller's statement of what they know or that they have no knowledge, a list of the records provided (or a statement that there are none), the buyer's acknowledgment of the pamphlet and information, the buyer's statement that they received or waived the inspection opportunity, and signatures with dates. The EPA offers a sample Seller's Disclosure of Information form.

What the rule does not require

The regulation says nothing in it requires the seller to do any testing or any repairs. HUD's guidance adds that the seller is not required to pay for the buyer's paint inspection or risk assessment. The seller's job is to share what they know and what records they have, and to give the buyer the chance to test.

If an offer is already on the table

If any of the disclosure steps happen after the buyer has made an offer, the regulation says the seller must complete them before accepting the offer and give the buyer a chance to review the information and possibly change the offer. That is why it is smart to have the lead disclosure ready when you list an older home. My seller disclosure guide covers the Tennessee form you will also complete.

Keep your copy

The seller, and any agent, must keep a copy of the completed disclosure attachment for at least 3 years from the date the sale is completed.

What the buyer gets: a 10 day opportunity to test

Under 40 CFR 745.110, before a buyer is obligated under the contract, the seller must give the buyer a 10 day period to have a risk assessment or inspection done for lead based paint or lead based paint hazards. The buyer and seller can agree in writing to a different period, and the buyer can waive the opportunity in writing.

HUD's guidance on the homebuyer's option to test explains the practical side:

• The buyer arranges and pays for the risk assessment or paint inspection.
• The contract language matters. HUD says that if lead based paint or hazards are found, the buyer has the right to cancel, but that right does not protect the buyer from cancellation costs if it is not made clear in the contingency in the sales contract.
• Sellers can choose. HUD says that if a seller has two potential buyers, one who waives the evaluation and one who does not, the seller can choose to sign with the buyer who waives.

In a competitive situation, waiving can make an offer simpler, but you give up a chance to learn about the home first. Talk through that choice with me and, if you have questions about contract terms, a Tennessee attorney.

Inspection or risk assessment: what is the difference?

The EPA describes two kinds of lead evaluations:

• A lead based paint inspection tells you whether a building has lead based paint and where it is located. It will not tell you whether the building currently has lead hazards or how to deal with them.
• A lead based paint risk assessment tells you whether a building has any lead hazards from paint, dust or soil, and what actions to take to address them.

The EPA says the only way to know for certain whether a building has lead based paint or lead hazards is to have it tested. A standard home inspection is not a lead test. Under TCA 62 6 302, a Tennessee home inspection report must state that it does not address environmental hazards, and lead based paint is one of the hazards it names. My home inspection guide explains what a standard inspection covers.

Finding a certified lead professional in Tennessee

Tennessee runs its own lead based paint program. TDEC says the state program became an EPA authorized program on January 17, 2001, and that lead based paint activities in target housing in Tennessee must be done by firms and individuals certified by TDEC. Those activities include inspections, risk assessments and abatement. TDEC certifies individuals in disciplines that include inspector and risk assessor.

To find one, use the TDEC certification search linked from the Tennessee Lead Hazard Reduction Program page, or call the TDEC Lead Based Paint Hotline at (615) 532 5323. The EPA also points buyers to its Lead Based Paint Professional Locator.

Fixing lead problems: abatement and renovation

There are two different sets of rules, and they are easy to mix up.

Abatement

The EPA describes abatement as work designed to permanently address lead based paint hazards, such as removing, sealing or enclosing lead based paint with special materials. The EPA says just painting over the hazards with regular paint will not permanently address them. In Tennessee, abatement in target housing is done by TDEC certified firms.

Renovation, repair and painting

The EPA's Renovation, Repair and Painting Rule requires that anyone paid to do work that disturbs painted surfaces in homes built before 1978 be certified, with workers trained in lead safe work practices. TDEC says Tennessee is not authorized to run this program, so the EPA administers and enforces it here. TDEC describes the federal rule as covering work that disturbs 6 or more square feet per room of interior painted surfaces or 20 or more square feet of exterior painted surfaces, including electrical, plumbing and weatherization work that cuts into painted surfaces.

For homeowners, the EPA says the rule generally does not apply to owners doing projects in their own pre 1978 home. It does apply if you rent all or part of the home, run a childcare center in the home, or buy, renovate and sell homes for profit. If you hire someone, the EPA recommends a lead safe certified contractor, and you can find one through the EPA's contractor search.

This matters if you plan to update an older home after you buy it, or to paint and repair before you list. My fix up before listing post covers which projects tend to make sense.

Water, soil and other sources

Paint is not the only place lead can turn up. The EPA says lead pipes, fittings, faucets and fixtures are the most common sources of lead in drinking water, that lead pipes are more likely in older cities and homes built before 1986, and that testing is the only way to know whether there is lead in your water. It also says soil near the walls of buildings that used lead based paint, and near roadways, can have higher lead levels. If a home has a private well, my well water guide explains water testing.

Who is most at risk

The federal Lead Warning Statement says lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced IQ, behavioral problems and impaired memory, and that lead poisoning also poses a particular risk to pregnant women. The EPA says lead is especially dangerous to children 6 and younger. EPA's lead pages point families to CDC information on preventing childhood lead poisoning. For questions about your own family's health, talk with your doctor.

Every buyer receives the same pamphlet and the same disclosure, and the choice of whether to test is the buyer's.

Duties for agents, and what happens if the rule is skipped

Under 40 CFR 745.115, an agent working for the seller must tell the seller about these obligations and make sure they are met. The rule's definition of agent does not include a buyer's representative who receives all compensation from the buyer. The EPA says agents are responsible along with the seller unless the seller fails to tell the agent what the seller knows.

Under 40 CFR 745.118, a person who knowingly fails to comply may face civil penalties, and a person who knowingly violates the rule is liable to the buyer for 3 times the amount of damages. The EPA says that if you did not receive the disclosure when you bought pre 1978 housing, you can report it at epa.gov/lead/violation, or call the National Lead Information Center at 1 800 424 5323. The regulation also says the federal rule does not relieve anyone from complying with state or local lead disclosure laws.

If you are buying an older home

• Check the year built in the listing and ask whether the lead disclosure applies.
• Read the pamphlet and the seller's disclosure attachment before you sign the contract.
• Ask for any lead reports or records the seller listed.
• Decide whether to use the 10 day opportunity, agree to a different period or waive it, and make sure the contract says what happens if lead is found.
• If you test, hire a TDEC certified inspector or risk assessor, and pick the evaluation that answers your question.
• Plan renovations with a lead safe certified contractor.
• Add the lead steps to the rest of your due diligence with my home buyer checklist, and see my radon testing guide for the other common environmental test.

If you are selling an older home

• Confirm when your home was built.
• Gather any lead inspection, risk assessment or abatement reports you have.
• Have the EPA pamphlet and the disclosure attachment ready when you list, so it is done before any offer is accepted.
• Answer honestly. You disclose what you know, and the rule does not require you to test.
• Keep your signed copy for at least 3 years.
• If you are selling as is, the lead disclosure still applies. See my guide to selling a house as is.

How I help

I check the year built on every home we look at or list, make sure the pamphlet and disclosure attachment are handled before a contract is signed, and build the inspection period around any testing you want. I am not a lead professional or an attorney, so I will point you to TDEC certified professionals and a Tennessee attorney for those questions.

Keep reading:

• Tennessee seller disclosure explained
• Home inspections in Tennessee
• Radon testing in Coffee County
• Downtown Manchester and the Public Square
• Real estate glossary
• All Manchester guides

Fair housing note: I work with every buyer and seller and follow the same steps for everyone.

This guide is general information from EPA, HUD, federal regulations and TDEC, not legal or health advice. Rules can change and every sale is different, so confirm your situation with a Tennessee attorney and a certified lead professional.

Looking at an older home in Manchester?

I can pull the year built, the disclosures and recent sales for any home you are considering. Call or text me at (615) 497 1658, or request the free buyer guide below.

Common questions

Matt Sargent is a Tennessee licensed affiliate broker with Keller Williams who helps buyers and sellers in Manchester and Coffee County. Call (615) 497 1658 or send a message.