Texas Lead Based Paint Addendum

Yes, you can paint over lead-based paint, but not with just any type of paint.Encapsulation is less expensive than lead paint removal and it's actually safer since it doesn't release lead dust or debris into the air. Keep in mind; conventional oil- or water-based paints are not encapsulants!

Most homes built before 1978 contain lead paint. In fact, some buyers specifically seek to purchase an older home for its charm and character.

Older Homes and Buildings In 1978, the federal government banned consumer uses of lead-based paint, but some states banned it even earlier. Lead paint is still present in millions of homes, sometimes under layers of newer paint. If the paint is in good shape, the lead paint is usually not a problem.

You can generally tell if the paint you are dealing with is lead-based if the sub-layers of paint are still present on a surface and the building was constructed before 1978, or by using a lead paint test kit on the paint in question.

Lead-based paints were banned for residential use in 1978. Homes built in the U.S. before 1978 are likely to have some lead-based paint. When the paint peels and cracks, it makes lead paint chips and dust.

Federal law requires you to provide certain important information about lead-based paint and/or lead-based paint hazards before a prospective buyer is obligated under a contract to purchase your home.Inform the seller of his or her obligations under the Real Estate Notification and Disclosure Rule.

The lead-based paint disclosure form is a required form to be issued to all tenants and potential buyers for residential properties built before 1978.The forms were written to warn any new owners or tenants of the potential existence of this within the interior walls of the residence.

The Rule states that if an agent is involved in a transaction to sell target housing, the "Lead Warning Statement" must include a statement signed by the agent that the agent has informed the seller of the seller's legal obligations and that the agent is aware of his/her duty to ensure compliance with the Rule.