Selling a house built before 1978 in Utah? Learn the federal lead disclosure rules, what you must give buyers, and when.
If your Utah house was built before 1978, you have one more disclosure before you get to talk paint colors. Federal disclosure rules apply to most pre-1978 housing. You must disclose what you know, share the records you have, and give the buyer a chance to check.
This is not optional, and it is not covered by your regular seller disclosures. It is its own federal step. For a quick overview of how it fits with everything else you have to provide, see the Utah FSBO guide and the utah-fsbo-seller-disclosure-checklist: The Utah FSBO Seller Disclosure Checklist.
For most private sales of housing built before 1978, federal law says sellers must do four things before the buyer is obligated under a contract.
According to EPA's summary of seller duties, you must disclose any known lead-based paint and hazards, give over any records or reports you have, provide the EPA-approved pamphlet, and include specific warning language in the contract with a chance for the buyer to inspect (sellers disclosure info).
That is it. No federal requirement to test, remove, or fix anything. You just cannot hide what you know or what you have on file.
Utah uses a standard form that tracks this federal checklist. You will see it as the Utah lead disclosure form. If you use the state utah-repc-explained-for-fsbo-sellers: REPC, Explained for FSBO Sellers, it will point you to this addendum for pre-1978 homes.
Laws, forms, and enforcement details can change, so treat this as how it works today and verify the current version before you sign.
This is where sellers get tripped up. "Known" means what you actually know, not what you could have found if you tried harder.
EPA is clear that you must share information you have about lead-based paint in the home, including where it is and its condition if you know it, plus any records, reports, or information you have about it (what buyers can get about lead).
So think in two buckets:
What you know. Did a previous owner tell you the original trim still has lead paint under new latex? Did you have a childcare licensing inspection that flagged paint condition? That goes in your disclosure.
What you have. Any lab results, inspection reports, risk assessments, or even an old seller disclosure that mentioned lead. If it is in your files, you hand it over. Keep a copy of what you gave.
If you truly know nothing and have no reports, the form lets you say that. You are attesting to your own knowledge, not guaranteeing the house is lead-free.
And no, the law does not require you to test. EPA says sellers must disclose known information and provide available records, but there is no implied duty to test for lead under the disclosure rule. Many FSBO sellers write something like "seller has not tested" when that is true, and then stop there.
Three deliverables often get missed because sellers think a verbal heads-up counts. It does not.
1. The pamphlet. You must give the buyer the EPA-approved lead hazard information pamphlet, titled "Protect Your Family From Lead in Your Home." You can print it or share the official PDF, but you must document that you gave it. The Utah form has an acknowledgement line for this.
2. The warning statement. Federal law requires specific lead warning language in the contract. You cannot paraphrase it. The Utah disclosure addendum includes that language verbatim, which is why it is smart to use the state form rather than drafting your own (Utah lead form).
3. The opportunity to inspect. Buyers must get a 10-day opportunity (or other mutually agreed period) to conduct a lead-based paint inspection or risk assessment before becoming obligated. Most buyers in Utah waive or negotiate this during the larger utah-due-diligence-deadline-fsbo: due diligence period, but you still have to offer it. Document the choice.
Timing matters. All of this happens before the buyer is bound. In practice that means before or with the utah-repc-explained-for-fsbo-sellers: REPC, not after. If you are comparing offers, make sure any pre-1978 offer packet includes the signed lead disclosure, or make completion of it a condition of acceptance. See compare-multiple-fsbo-offers-utah: How to Compare Multiple FSBO Offers in Utah for how to keep packets clean.
Use this in order, and keep everything in your transaction file.
Example script when you have no info: "House was built in 1965. I have never tested for lead-based paint and I do not have any reports. I am providing the required pamphlet and disclosure form, and you have 10 days to test if you want." Short, true, and it tracks what the form asks.
Example when you do: "1972 rambler. Prior owner disclosure from 2014 said original kitchen window trim tested positive. I have that one-page lab summary and am attaching it. I do not know about other areas."
A few things sellers assume will get them off the hook. They usually will not.
Being FSBO does not exempt you. Private sellers are still covered unless a narrow exemption applies, like zero-bedroom units, short-term leases under 100 days, or housing designated for elderly or persons with disabilities where children will not live. Regular single-family homes are not exempt.
Selling "as is" does not waive lead disclosure. You can sell as is, but you still have to give the pamphlet, disclose what you know, and offer the inspection window. Your negotiation leverage on utah-home-inspection-negotiation-fsbo: inspection requests can remain firm, you just cannot skip the step.
A clean general home inspection does not replace it either. General inspectors often note possible lead paint due to age but do not test for it. Federal disclosure is a separate paper trail.
If your title company asks for the lead disclosure at the last minute, you waited too long. Build it into your offer-review flow, just like you would for HOA or well-share docs.
Next, pull the current version of the disclosure form from the Division, fill it out with what you actually know, staple the pamphlet receipt to it, and add both to your REPC packet so every buyer for your pre-1978 home gets it before they are bound.
This is general information, not legal advice. Utah real estate rules and forms change, so verify current requirements with the Utah Division of Real Estate or a Utah real estate attorney.