Here’s a complete list of questions real estate agents may ask their broker about the Lead-Based Paint Disclosure (LBP) and Lead-Based Paint Hazards Disclosure (C.A.R. Form FLD / ZipForms), along with clear explanations for each:

Lead-Based Paint and Lead-Based Paint Hazards Disclosure – Questions & Explanations

1. When is the Lead-Based Paint Disclosure required?
   It is mandatory for all residential properties built before 1978, as federal law requires disclosure of potential lead-based paint hazards.
2. Who is responsible for providing the Lead-Based Paint Disclosure?
   The seller (or landlord, in a lease) must provide the disclosure. The listing and buyer’s agents must ensure compliance by verifying that the disclosure has been completed, signed, and delivered.
3. Does the buyer have a right to an inspection for lead-based paint?
   Yes. Buyers must be given a 10-day period (unless mutually waived or altered) to conduct a lead-based paint inspection or risk assessment at their expense.
4. What exactly must the seller disclose?
   The seller must disclose any known lead-based paint or lead-based paint hazards in the property and provide any existing records or reports available.
5. What is the role of the real estate agent in this disclosure?
   Agents must ensure the seller provides the disclosure, that all parties sign it, and that it is delivered before the buyer becomes obligated under the purchase contract. Failure to do so may result in liability for the agent.
6. What if the seller has no knowledge of lead-based paint in the property?
   The seller must still complete the form and state they have no knowledge and no reports. They cannot leave it blank.
7. What happens if the disclosure is not provided?
   Failure to provide it can result in civil penalties, rescission of the sale, and potential liability for damages. The broker can also face disciplinary action.
8. Does this disclosure apply to commercial properties or vacant land?
   No. It only applies to target housing—residential property built before 1978, whether single-family, multi-family, or condos.
9. What about remodeling or renovations—does that change the requirement?
   Renovations do not exempt a seller. Even if the home has been updated, the disclosure is still required if it was built before 1978.
10. Does the disclosure apply in rental transactions?
    Yes. Federal law requires landlords to provide the disclosure for residential rental properties built before 1978 as well.
11. If a seller refuses to complete the form, what should the agent do?
    The agent should advise the seller that completion is a legal requirement. If the seller refuses, the agent should consult their broker and may need to withdraw from representation to avoid liability.
12. Is the buyer required to sign the disclosure?
    Yes. The buyer must acknowledge receipt of the disclosure and any reports, confirming they have been informed of their rights.
13. Are there additional educational materials required with this disclosure?
    Yes. Sellers must provide the EPA pamphlet “Protect Your Family from Lead in Your Home” to the buyer, which explains lead hazards and buyer rights.
14. How should this disclosure be handled in ZipForms?
    It is available as a standard form (FLD) in ZipForms, where it can be filled out, electronically signed, and stored in the transaction file for compliance.
15. Does the broker need to maintain a copy of this disclosure?
    Yes. Federal law requires agents and brokers to keep a copy of the signed disclosure for at least three (3) years.
16. If the seller has an inspection report that shows no lead-based paint, is disclosure still required?
    Yes. Even if a report states there is no lead-based paint, the disclosure form must still be completed and the report attached.
17. Does the buyer have the option to waive the inspection period?
    Yes. The buyer may waive their right to a lead inspection in writing, but they cannot waive the disclosure requirement.
18. What liability exists for an agent if the disclosure is incomplete?
    Agents can be held jointly liable with the seller for failing to ensure proper disclosure. This includes fines up to $16,000 per violation under federal law.

✅ This list gives 18 detailed questions with explanations that cover when the disclosure is required, seller/agent responsibilities, buyer rights, penalties, recordkeeping, and how to process it in ZipForms.