The seller's agent must provide the lead pamphlet for homes built before 1978.

Lead paint in older homes isn’t just a historical footnote; it’s a real-world responsibility that shows up at the closing table. If you’re involved in marketing or listing a house built before 1978, you’re not just selling square footage and curb appeal—you’re handling information that could affect a buyer’s health and a deal’s integrity. So, what’s the rule of the road here? TheResidential Lead-Based Paint Hazard Reduction Act sets clear expectations for disclosure and information sharing. Let’s unpack a common question that often comes up in this space and connect the dots to everyday marketing practice.

The core question: which action would violate the act when marketing a pre-1978 home?

• A. The buyer is given more than 10 days to complete a lead inspection.

• B. The buyer’s agent fails to complete the lead-based paint disclosure form.

• C. The seller refuses to perform lead abatement work.

• D. The seller’s agent fails to provide the lead pamphlet to prospective buyers.

If you’re scanning for a straightforward answer, the correct one is D: The seller’s agent fails to provide the lead pamphlet to prospective buyers. Here’s why, and how the other options shape up in practice.

What the act actually requires, in plain language

Houses built before 1978 can contain lead-based paint. The act is designed to ensure buyers know what they’re getting into, so they can evaluate risks and take protective steps if needed. Two pieces are the centerpiece:

• A lead-based paint disclosure form that must be provided to the buyer (and signed by the seller and buyer or included in the contract by reference).

• The government-approved pamphlet, Protect Your Family from Lead in Your Home, or an equivalent approved resource, must accompany the disclosure.

In other words, the seller’s side has a duty to hand over both the disclosure and the pamphlet. The pamphlet is not optional fluff—it’s a critical part of the information chain that helps buyers make informed decisions.

Why option D is the violation

The pamphlet is specifically called out in the law as something that must be provided to prospective buyers. If the seller’s agent fails to provide that pamphlet, the requirements of the act aren’t met. The consequence isn’t just a polite nudge; it’s a legal misstep that can expose the transaction to delay or dispute and potentially subject the party to penalties or remedies under the act.

It’s worth noting the broader purpose here: educated buyers lead to safer homes, more confident purchasing choices, and fewer post-sale surprises. The pamphlet covers what lead paint is, how to identify it, and practical steps to reduce exposure. Skipping that step undermines the whole point of the disclosure regime.

Why the other options aren’t the violation (at least not by themselves)

Let’s walk through A, B, and C so you can see how they stack up and why they aren’t the violation highlighted by the standard interpretation.

• A. The buyer is given more than 10 days to complete a lead inspection.

The law sets a baseline: buyers must be allowed to conduct a risk assessment or inspection for lead hazards, commonly described as a 10-day window. If a buyer needs more time (say, 14 or 21 days) and all parties agree in writing to extend the window, that broader timeline isn’t a violation. It’s simply an extension that’s voluntary and documented. What matters in compliance is that a reasonable window exists and is honored, with the opportunity to inspect. So, more than 10 days, when agreed to in writing, isn’t inherently a violation. It’s the refusal or denial of the inspection right that would cause trouble—this is why this option isn’t the “the act was violated” choice.

• B. The buyer’s agent fails to complete the lead-based paint disclosure form.

The duty to provide the disclosure form itself sits with the seller or the seller’s agent, not the buyer’s agent. The buyer’s agent plays a crucial role in ensuring the forms are reviewed, understood, and properly executed, but the act doesn’t hinge on the buyer’s agent completing the form. If the seller has provided the form and disclosed the information correctly, the buyer’s agent’s failure to “complete” it wouldn’t, by itself, violate the act. It could complicate the process or lead to a separate breach claim depending on how the parties structure their responsibilities, but it isn’t the statutory violation described in the question.

• C. The seller refuses to perform lead abatement work.

Here’s a useful distinction: the act requires disclosure, investigation, and education about lead hazards; it does not obligate a seller to perform abatement. Abatement is a separate, often costly, intervention that buyers may pursue after purchase, but the law doesn’t compel the seller to remediate lead paint as a condition of sale. So, refusing to abate isn’t a violation of the act’s disclosure requirements; it’s a decision about what happens after the sale, unless an agreement or local regulation imposes a different expectation. This nuance is a good reminder that not every hazard-related preference translates into a legal obligation.

What this means for people marketing pre-1978 properties

If your listing includes a home built before 1978, you’re operating in a space where transparency matters just as much as curb appeal. Here are practical steps to keep things clean, compliant, and buyer-friendly:

• Have a clear, standard process for disclosures.

Create a simple checklist you can run through with every pre-1978 listing. Include: the lead-based paint disclosure form, the government pamphlet, a note about any known lead-based paint, and a reminder about the 10-day inspection window (or the extended timeframe if agreed in writing). A standardized packet helps reduce the risk of missing components during a busy listing period.

• Ensure the pamphlet is readily available (and delivered).

Keep an electronic copy of Protect Your Family from Lead in Your Home on file and attach it to the listing or the disclosure package. When marketing, reference the pamphlet in your marketing copy so buyers know the information is available and expected. If you’re using digital showings or e-signatures, make sure the pamphlet is a linked resource or a downloadable attachment.

• Communicate the timeline clearly.

From the moment the disclosure is provided, lay out the inspection window and the process for requesting extensions in writing. Encourage buyers to address any questions about lead hazards promptly. Clear communication reduces back-and-forth and helps keep the transaction moving smoothly.

• Don’t assume knowledge—document understanding.

Encourage buyers to acknowledge receipt of the pamphlet and disclosure. A simple signature or initial on the disclosure package can provide peace of mind and a traceable record that the information was delivered.

• Use professional language that’s easy to grasp.

Lead exposure and home hazards aren’t everyday topics for all buyers. Pair precise legal language with plain-English explanations. A short paragraph explaining what lead is, why it matters, and what the pamphlet covers can go a long way toward reducing confusion.

• Be mindful of local variations.

Some states or municipalities have additional requirements or forms. Check with your state real estate commission or housing agency to confirm any extra steps beyond the federal requirements. Staying up to date helps you protect clients and your reputation.

A quick, practical checklist you can reuse

• Confirm that the seller has provided the lead-based paint disclosure form.

• Confirm that the government pamphlet has been delivered to the buyer.

• Document the date of delivery and who received it.

• Note the 10-day inspection window, or any mutually agreed extension in writing.

• Ensure any known lead hazards are disclosed in writing.

• Keep copies of all documents in the transaction file (paper or digital).

A few additional reflections that connect to the bigger picture

• Lead safety isn’t just a regulatory checkbox; it’s part of responsible homeownership. Buyers gain confidence when they know what they’re getting into, and sellers protect themselves from later disputes.

• Real estate is, at its heart, a people business. The more you normalize conversations about health and safety—without panic—the better you’ll be at building trust with clients.

• The pamphlet and disclosure form are tools for communication, not obstacles. When used well, they can actually speed things up by reducing miscommunications and post-closing surprises.

A final takeaway you can carry into your day-to-day work

The key action that violates the act in a pre-1978 home marketing scenario is the failure to provide the required pamphlet. Everything else, while important in its own right, doesn’t carry the same legal weight as delivering that specific, government-approved information. If you want to stay on the right side of compliance while keeping the listing attractive to buyers, make the pamphlet and disclosure a natural, non-negotiable part of your standard operating procedure.

A few resources to bookmark

• U.S. Environmental Protection Agency (EPA): Lead-Based Paint Disclosure Rule and related resources.

• The pamphlet: Protect Your Family from Lead in Your Home.

• Your state real estate commission or housing department for any local add-ons.

• Local home inspection professionals who understand how lead-based paint issues are identified and discussed with buyers.

If you’re working with sellers who are new to the market, you might start with a simple, friendly briefing: “Before we market, we provide information about lead hazards so buyers can make informed decisions and we can close smoothly.” It’s a small moment that pays big dividends—trust, clarity, and a transaction that proceeds with fewer surprises.

To sum it up

In the context of marketing a property built before 1978, the act’s requirement to provide the government-approved lead pamphlet is non-negotiable. The other options—while variable in practice—don’t carry the same legal weight as the pamphlet delivery. So, as you craft your listing, keep that pamphlet front and center, attach the disclosure, and document the process. It’s a responsible move that protects buyers, supports sellers, and keeps the sale moving forward with integrity.

If you’d like, I can tailor a ready-to-use disclosure packet checklist or draft a concise buyer-facing explainer about lead hazards that fits your market. After all, clear communication isn’t just a compliance checkbox—it’s good business.