Selling a Pre-1978 Home in Tyler or Longview: Lead-Based Paint Disclosure

The short answer

If your home was built before 1978, federal law generally requires you to give buyers a lead-based paint disclosure before they sign a contract. In a Texas sale, that usually means the TREC Addendum for Seller's Disclosure of Information on Lead-Based Paint (TREC No. 56-0), the EPA pamphlet Protect Your Family From Lead in Your Home, any lead records you have, and a chance for the buyer to have the home inspected. You don't have to test the home yourself, but you do have to disclose what you know and hand over what you have.

If you own an older home in Tyler, Longview, or elsewhere in East Texas, check the construction year before you list.

What the federal rule requires

The EPA's page on real estate disclosures about potential lead hazards says that before a buyer signs a contract on most pre-1978 housing, sellers and real estate agents must:

1. Give the buyer the EPA pamphlet Protect Your Family From Lead in Your Home.
2. Disclose any known information about lead-based paint or lead-based paint hazards in the home, which may include where it is and the condition of the painted surfaces.
3. Provide all available records and reports about lead-based paint in the home.
4. Include a "Lead Warning Statement" as an attachment to the contract or language in it.
5. Give the buyer a 10-day period to conduct a paint inspection or risk assessment. The parties can agree in writing to lengthen or shorten it, and the buyer can waive it.
6. Keep a signed copy of the disclosures for three years after the sale.

The EPA also notes that lead-based paint in good condition usually isn't a hazard, while peeling, chipping, chalking, cracking, or damaged paint is a hazard that needs prompt attention.

Homes the rule doesn't cover

According to the same EPA page, the rule doesn't apply to housing built after 1977, foreclosure sales, zero-bedroom units (unless a child under six lives or is expected to live there), housing for the elderly or people with disabilities (with the same child exception), and housing that a certified inspector or risk assessor has tested and found free of lead-based paint.

How it works on the Texas form

TREC's Addendum for Seller's Disclosure of Information on Lead-Based Paint (the version dated 05-04-2026) walks through the federal steps in order:

• Section A is the Lead Warning Statement.
• Section B is your disclosure. You check one box: known lead-based paint or hazards are present (and explain), or you have no actual knowledge of any. Then you check whether you've provided records and reports (and list them) or have none.
• Section C is the buyer's choice. The buyer either waives the inspection opportunity, or may have the property inspected within ten days after the effective date. If lead-based paint or hazards are present, the buyer may terminate by written notice within 14 days after the effective date, and the earnest money is refunded.
• Section D is the buyer confirming they received your information and the pamphlet.
• Section E is the brokers acknowledging they've told you about your obligations, including keeping a completed copy for at least three years.

Note that the lead inspection window in Section C is its own timeline. It can run alongside the buyer's option period, so keep track of both dates once you're under contract.

"Known" means what you actually know

The disclosure turns on actual knowledge and records you possess. Old inspection reports, a prior risk assessment, a contractor's note about lead paint during a remodel, or paperwork from a previous owner may be records you need to hand over. If you've never had the home tested and have no reports, the form lets you say that.

What you shouldn't do is guess, minimize, or leave a known report out of the packet. When in doubt, ask your agent or a real estate attorney how to describe it.

How this fits with your other disclosures

The lead-based paint addendum is separate from the Texas Seller's Disclosure Notice. Many pre-1978 sellers will complete both. Getting them ready before you list keeps the first week under contract calmer.

A pre-listing checklist for older East Texas homes

1. Confirm the year your home was built (county appraisal district records, your deed or closing papers).
2. If it's pre-1978, gather any lead inspection, risk assessment, or remodel paperwork.
3. Walk the house and note any peeling or damaged paint, especially on windows, doors, trim, and porches.
4. Get a copy of the EPA pamphlet ready to go with the TREC addendum.
5. Decide with your agent how to handle any known issues before buyers ask.
6. Keep your signed disclosures for at least three years after closing.

This is general information from EPA and TREC materials, not legal advice.

Soft next step

On The Market Texas helps East Texas homeowners with free home-value estimate requests reviewed by a local specialist, with no obligation to list. If you own an older home in the Tyler or Longview area, knowing your disclosure obligations early is part of pricing and preparing it well.

Takeaway: Pre-1978 home? Plan on the TREC lead-based paint addendum, the EPA pamphlet, your records, and a buyer inspection window. Disclose what you know, and keep the signed copy for three years.