# Lead-Based Paint Disclosure in Michigan: Buyer & Seller Guide By Cindy Limback (@cindylimback) · Published 2026-10-30 Canonical: https://voce.com/@cindylimback/michigan-lead-based-paint-disclosure-buyer-seller-12z556 --- If you're buying or selling a home in Michigan built before 1978, lead-based paint disclosure is not optional — it's federal law, and skipping it can stall or kill your deal. The Residential Lead-Based Paint Hazard Reduction Act requires every seller of a pre-1978 home to hand over a disclosure form, any known lead reports, and the EPA's "Protect Your Family from Lead in Your Home" pamphlet, and to give buyers up to **10 days** to test for lead. With Northern Michigan's deep stock of older homes — many built well before the federal paint ban — this rule touches the majority of transactions in and around Alpena. As a broker at RE/MAX New Horizons, I've walked clients through this paperwork dozens of times. This guide breaks down what the law requires, who signs what, and how the 10-day inspection window actually works, so you can close without surprises. #### Key Takeaways - Federal law mandates lead disclosure for every home built before 1978, regardless of whether hazards are known. - Buyers get up to 10 days to test for lead before closing, and can waive that right in writing. - The lead disclosure is separate from Michigan's Seller's Disclosure Statement — both must be completed. - Real estate agents share the compliance burden and can face liability for technical errors on the form. ## Why the 1978 cutoff matters in Michigan The federal government **banned consumer use of lead-based paint in 1978**, which is why that year is the legal line for disclosure (EPA). Any home built before then may contain lead-based paint, and under the disclosure rule sellers must treat it as a possibility even if they have no proof of it. The reason the cutoff hits Northern Michigan so hard is simple: the housing stock is old. Many homes in Alpena and the surrounding communities were built in the early-to-mid 20th century, when lead paint was standard, and the EPA notes that the older your home, the more likely it is to have lead-based paint. Lead can turn up on interior and exterior surfaces, window sills, doors, stairs, and even in the soil around the house. Michigan's own public health agency treats the age of the housing stock as a lead-risk signal. The Michigan Environmental Public Health Tracking Program publishes county-level data on housing units built before 1950 and before 1980 because, in its words, **"Living in a housing unit built before 1980 significantly increases children's risk of exposure to lead"** (MDHHS). That federal cutoff from 1978 is why so many Northern Michigan transactions carry the disclosure paperwork: a large share of the area's homes predate it by decades. Lead isn't a hazard just because it's present — paint in good condition on a wall that isn't chipped or rubbed is generally not dangerous. The risks appear when paint **peels, chips, chalks, or sits on friction surfaces** like windows and doors where opening and closing creates lead dust. For families with young children, that distinction matters: children under six are far more vulnerable to lead's effects on the brain and nervous system. ## What Michigan sellers must provide For any home built before 1978, federal law requires sellers to deliver **three things** before the buyer signs a contract: the EPA-approved lead pamphlet, a signed disclosure form, and any known records or reports of lead-based paint or hazards. These requirements apply whether or not the seller actually knows lead paint is present. **The EPA pamphlet.** Every buyer of a pre-1978 home must receive a copy of the "Protect Your Family from Lead in Your Home" brochure before the sale is binding. The pamphlet explains how lead gets into the body, its health effects, and how to reduce exposure, so buyers can make an informed decision. **The disclosure form.** Sellers must complete the Lead-Based Paint Disclosure form, which the EPA updated in April 2024 to be clearer and to reduce common errors. On it, the seller checks whether lead is known to be present, describes what is known about its condition and location, and notes whether any reports exist. This is a three-party document: seller, buyer, and the real estate agent all sign it to confirm each understood their obligations. **Known records and reports.** If the seller has a past inspection, risk assessment, or abatement record, that document must be handed over with the form. Failing to disclose a known report can open the door to liability even after closing. ### How this fits with Michigan's Seller's Disclosure Statement Michigan runs a separate, state-level disclosure that the federal lead form does not replace. The **Michigan Seller's Disclosure Statement** (for 1-4 residential dwelling units) covers the property's overall condition, while the federal lead-based paint disclosure and pamphlet handle lead specifically — and Michigan requires both before a contract is ratified. Sellers in Michigan must complete both ## What the 10-day inspection window means for buyers The disclosure rule gives every buyer of a pre-1978 home **up to 10 days to test for lead** before they're locked into the purchase. That window lets you schedule a lead-based paint inspection or risk assessment, negotiate on findings, or walk away entirely. During those 10 days, you can hire a certified lead-based paint inspector or risk assessor to test the property. An inspection tells you whether lead-based paint is present and where it's located, while a risk assessment checks for current hazards like peeling paint or lead dust. Buyers can also **waive the inspection in writing**. If the seller won't allow testing, the buyer can sign away the right to test and proceed — but the disclosure and pamphlet requirements still stand, and waiving the inspection never erases the seller's duty to disclose what they know. ### The agent's compliance role Real estate agents carry part of the legal weight here. Agents must confirm they've informed the seller of their obligations and that they understand their own responsibility to ensure compliance. The form's expanded agent acknowledgment section exists precisely because courts have held agents liable for technical errors, such as handing over a completed but unsigned disclosure. \*information is deemed reliable but not guaranteed.