Lead-Based Paint Disclosure in Wisconsin: Duties and Penalties

If you are selling or renting out a home in Wisconsin built before 1978, federal law requires you to give the buyer or tenant a lead-based paint disclosure before they sign. In Wisconsin, that disclosure has four parts: what you know about lead on the property, any inspection or abatement records you hold, a federal Lead Warning Statement built into the contract or lease, and a copy of the EPA pamphlet “Protect Your Family from Lead in Your Home.” Skip any piece and you expose yourself to civil penalties up to $22,263 per violation and treble damages if a buyer or tenant sues.

Which Properties Are Covered

The rule applies to most residential properties built before 1978, the year the Consumer Product Safety Commission banned lead in household paint. Federal regulations call these homes “target housing,” and the obligation attaches whether you are selling or leasing.¹

A few property types fall outside the rule:

Housing designated for the elderly or persons with disabilities, as long as no child under six lives or is expected to live there.
Zero-bedroom units like efficiencies, lofts, and dormitory rooms, again unless a child under six is present.
Short-term rentals of 100 days or fewer with no renewal or extension option.
Properties where a certified inspector has confirmed all lead-based paint has been removed.

These exemptions are narrow. The child-under-six condition means a unit can lose its exempt status when a tenant’s family situation changes.¹

If you own a multi-unit building, your disclosure obligation reaches past the individual apartment. Records from building-wide evaluations covering hallways, stairwells, laundry rooms, and other common areas must also go to the buyer or tenant.²

What You Have to Give the Buyer or Tenant

The disclosure package has four required pieces, and leaving any one out counts as a violation.

Known lead information. Say whether you have any knowledge of lead-based paint or lead hazards on the property. If you do, describe the location and condition.
Records and reports. Hand over any inspections, risk assessments, or abatement records in your possession. If none exist, state that explicitly rather than leaving the field blank.
Lead Warning Statement. Federal law requires specific warning language to be included in or attached to the purchase contract or lease, notifying the buyer or tenant that the property may contain lead-based paint and that exposure poses health risks, especially to young children.
EPA pamphlet. Give the buyer or tenant a copy of “Protect Your Family from Lead in Your Home,” available free from the EPA.

All four elements are set by the federal disclosure regulation at 24 CFR Part 35, Subpart A.³

Wisconsin’s Real Estate Condition Report

Wisconsin layers a state requirement on top of the federal rule. Under Wis. Stat. § 709.02, sellers must complete a Real Estate Condition Report for virtually every residential property transfer in the state, and the lead disclosure information fits into that document. Completing the federal forms does not excuse the state report, and completing the state report does not excuse the federal forms. Both are required.⁴

When It Has to Happen

Every piece of the disclosure package must reach the buyer or tenant before they become obligated under the contract or lease. Handing someone the EPA pamphlet at the closing table while they are already signing does not meet the rule.

The sequence that works:

Gather any lead inspection reports, risk assessments, or abatement records, complete the disclosure form with the Lead Warning Statement, and have the EPA pamphlet ready.
Deliver the full package before the contract or lease is signed, giving the buyer or tenant time to read it and decide whether to proceed or exercise their inspection rights.
Have the property owner and any real estate agents sign first, certifying accuracy. The buyer or tenant then signs an acknowledgment of receipt.
Keep signed copies for at least three years from the date the sale closes or the lease begins. This retention period is a federal mandate.²

If a dispute surfaces two years after closing and you cannot produce the signed documents, your position is weaker regardless of what you actually handed over at the time.

The Buyer’s 10-Day Inspection Right

Buyers of pre-1978 homes get a federally guaranteed 10-day window to hire an inspector and test for lead-based paint before the sale becomes binding. The seller cannot refuse to allow it, though the parties can agree in writing to shorten or extend the period.²

Buyers can waive this right, and in competitive markets many do. Waiving the inspection does not remove the seller’s disclosure obligations; the seller must still hand over all known information and records. A buyer who waives is accepting whatever lead conditions exist in the property, including hazards the seller genuinely does not know about, so the waiver should be a deliberate, documented decision rather than something rushed through at closing.

Landlords: Each New Lease Triggers the Rule Again

Landlords carry the same federal disclosure duties as sellers, with the Lead Warning Statement adapted for rental use. The statement must be included in or attached to the lease, and the EPA pamphlet goes to the tenant before signing. Every new lease and every renewal on a pre-1978 rental triggers the requirement again, so an owner with a portfolio of older units faces continuous compliance work.

Agent Responsibilities

Agents in Wisconsin are not bystanders. Under the federal rule, an agent representing a seller or landlord has an independent duty to see that the disclosure happens. If the property owner refuses to comply, the agent cannot simply push the transaction through, and an agent who knowingly participates in a sale or lease missing the required disclosures faces the same penalties as the owner.³

Buyer’s agents have obligations too. They must confirm the buyer received the disclosure package and the EPA pamphlet and was informed of the 10-day inspection opportunity. Both the listing agent and the buyer’s agent sign the disclosure form.

Penalties for Failing to Disclose

Enforcement runs on two tracks: government penalties and private lawsuits.

Civil Penalties

Under 42 U.S.C. § 4852d, violators face civil monetary penalties for each instance of noncompliance. The statute sets a base cap of $10,000 per violation, and inflation adjustments have raised the current HUD maximum to $22,263 per violation.⁵⁶ Each unit with a missing or defective disclosure counts separately, which creates concentrated exposure for owners of multi-unit buildings.

Private Lawsuits and Treble Damages

Buyers and tenants can sue property owners who failed to disclose, and federal law allows courts to award up to three times the actual damages. Actual damages often include medical costs for lead exposure treatment, professional abatement expenses, diminished property value, and temporary housing during remediation. Tripling those figures produces serious financial exposure.⁵

A disclosure failure can also unwind the deal. Courts have authority to rescind a sale or lease if the buyer or tenant shows the violations were material to their decision. A seller can be forced to take the property back and return the purchase price while still facing penalty exposure from federal agencies.

A Note on Renovation Work

Disclosure is a separate obligation from the EPA’s Renovation, Repair, and Painting (RRP) rule, which requires lead-safe certified contractors for work that disturbs painted surfaces in pre-1978 homes, such as window replacement, sanding, and demolition. Owner-occupants working on their own full-time residence are generally outside RRP, but that exemption disappears if you rent out part of the property, run a child care facility in the home, or buy and renovate homes for resale.⁷ Meeting the disclosure rule does not satisfy RRP, and meeting RRP does not satisfy the disclosure rule.

1
US EPA. Lead-Based Paint Disclosure Rule (Section 1018 of Title X)
2
U.S. Environmental Protection Agency. Real Estate Disclosures about Potential Lead Hazards
3
eCFR. 24 CFR Part 35 Subpart A – Disclosure of Known Lead-Based Paint and/or Lead-Based Paint Hazards Upon Sale or Lease of Residential Property
4
Wisconsin State Legislature. Wisconsin Code 709 – Disclosures By Owners Of Real Estate
5
Office of the Law Revision Counsel. 42 USC 4852d – Disclosure of Information Concerning Lead Upon Transfer of Residential Property
6
eCFR. 24 CFR 30.65 – Failure to Disclose Lead-Based Paint Hazards
7
US EPA. Lead Renovation, Repair and Painting Program