What does a pre-1978 build date change when you buy?
It adds a federal lead paint disclosure to the deal and gives you a short window to test. EPA’s disclosure rule covers most housing built before 1978, which the rule calls target housing. Texas DSHS uses the same 1978 line for its lead rules. If the listing says 1975 or 1962, plan on this paperwork.
Before you are bound by a contract on that house, the seller has to do four things under EPA’s rule at 40 CFR Part 745:
- Give you the EPA pamphlet Protect Your Family From Lead in Your Home or an approved equivalent.
- Tell you about any lead-based paint or lead hazards they know of, including where it is and what condition it is in.
- Hand over any records or reports they have about lead in the home.
- Attach a lead warning statement to the contract.
The warning statement is fixed federal wording, and it is worth reading once instead of signing past it. It notifies the buyer that a home built before 1978 may present exposure to lead from lead-based paint that can put young children at risk of lead poisoning, and that lead poisoning also poses a particular risk to pregnant women. It ends by recommending a risk assessment or inspection for possible lead-based paint hazards before purchase. The same language appears in 40 CFR 745.113 and at the top of the TREC addendum.
In a Texas resale, that usually shows up as TREC’s lead-based paint addendum. The current version is form 56-0. It has the warning statement, two boxes where the seller says whether they know of lead and whether they have reports, and a section on your rights as the buyer. The federal rule requires the seller’s disclosures before you are obligated under the contract, so you have the seller’s information before you decide whether to test.
Read the seller’s boxes closely. Box B1(b) says the seller has no actual knowledge of lead-based paint or hazards, and box B2(b) says the seller has no reports. Those answers describe what the seller knows about the paint, which is a separate question from what the paint contains.
The rule also does not make the seller test. The federal text says nothing in that section puts a duty on the seller to evaluate or reduce lead hazards, and Texas DSHS says the Texas lead rules do not require inspections either. If you want an answer, you are the one who orders the test.
How does the 10-day lead inspection window work?
You get 10 days to have the home checked for lead-based paint and lead hazards, unless you and the seller agree in writing to a different period. You can also waive it in writing. EPA states the 10-day rule on its disclosure page and in 40 CFR 745.110. Texas REALTORS adds that if no other time is specified, the buyer has 10 days.
On TREC form 56-0, section C is where that choice gets made. You check one box:
- Box C1 waives your opportunity to have the home tested for lead.
- Box C2 keeps it. It says you may have the property inspected by inspectors you select within ten days after the effective date of the contract, and it sets out what happens if lead is found.
Read box C2 with your agent before you sign so you know the deadlines it sets. Put them on the calendar the same day the contract becomes effective, next to your option period and your general inspection.
Treat box C1 as a decision you make on purpose. If you are planning to sand trim, replace windows or open walls after closing, the lead question affects your budget and your schedule. Box C1 gives up the one window the federal rule sets aside for finding out.
Can your home inspector check for lead paint?
Not as part of a standard home inspection. Texas DSHS is specific about this. Only a trained and certified lead inspector or lead risk assessor, and not a home inspector, can test for lead in paint or soil in housing built before 1978. TREC’s addendum carries the same warning in one line: the inspector must be properly certified as required by federal law.
So a general inspection report on a 1960s house can come back without any paint test at all. When you schedule, ask whether your inspector holds a DSHS lead certification. If not, book a certified lead professional for the same window.
Lead inspection or risk assessment?
DSHS certifies six lead disciplines, and two matter for a purchase:
| Service | Who can do it | What it answers |
|---|---|---|
| Lead-based paint inspection | Certified lead inspector or lead risk assessor | Whether lead-based paint is present, surface by surface |
| Risk assessment | Certified lead risk assessor only | Whether there are current lead hazards from paint, dust or soil, and what to do about them |
DSHS describes a lead inspection as a surface-by-surface investigation for lead-based paint. A risk assessment goes further. The assessor samples deteriorated paint on doors, windows, floors, stairs and walls, samples dust near painted surfaces and bare soil in the yard, and sends samples to a lab. Only a certified risk assessor can interpret results to assess hazards.
What methods count?
DSHS lists two ways certified lead professionals test paint. One is paint-chip samples analyzed by an EPA-recognized lab. The other is X-ray fluorescence, usually called XRF. DSHS says chemical swab kits are not acceptable for lead-based paint inspections under the Texas rules. Its homeowner FAQ adds that store test kits can show whether lead is present but cannot tell you how much, and can give false results.
What should you bring to the inspection appointment?
Bring the seller’s side of the paperwork so the lead professional is not starting blind. From your file, pull:
- The signed TREC 56-0 addendum, with the seller’s two disclosure boxes.
- Any lead reports or records the seller listed in box B2.
- Repair and renovation records you received, especially for windows, doors, trim and exterior paint.
- Your general inspection report, with photos of peeling, chipping or cracked paint.
- A short list of rooms and surfaces you plan to change after closing.
Both EPA and DSHS say lead-based paint in good condition is usually not a hazard. Deteriorating paint is. DSHS adds that paint on surfaces that rub or take impact, like doors and windows, can also be a hazard. So the photos of worn window sills and door edges from your general inspection are useful to the lead professional.
To find someone certified, DSHS keeps a public list of certified lead inspectors and risk assessors and a contact line for verification. EPA’s disclosure page also points buyers to its Lead-Based Paint Professional Locator. Check the name on the DSHS list before you book, since lead inspections and risk assessments in pre-1978 Texas housing have to be done by people DSHS certifies.
Timing matters here. The general inspection and the lead test both have to fit inside your contract dates. Book the lead professional when you book your general inspector, not after the general report comes back, so the lead report has a chance to arrive before box C2’s deadlines run out.
How do you use lead results before the deadline?
Use the results the same way you would use any inspection finding. Figure out what was found, where, and what it means for how you plan to live in and work on the house. Then talk to your agent about your options under the contract before box C2’s deadlines run out.
A few practical points:
- Ask for the written report. DSHS says a certified inspector or risk assessor must prepare a written report with the date, address and the specific components tested.
- Separate presence from hazard. An inspection tells you where lead-based paint is. A risk assessment tells you whether there is a current hazard from paint, dust or soil.
- Price out the work you were already planning. If you meant to replace windows or refinish trim, ask contractors how lead findings change the job.
- Keep the paperwork. EPA requires sellers and agents to keep the signed disclosure for three years, and the TREC addendum repeats that. Keep your own copy with the report.
The lead disclosure and the 10-day window are how you get facts about the paint in an older New Braunfels home before you commit. The historic home renovation guide covers permits and review for older homes, the New Braunfels home inspection guide covers the general inspection, and the final walkthrough checklist helps you confirm agreed work before closing.
