EPA and HUD maintain a dedicated webpage with interpretive guidance to help real estate professionals understand the federal requirements for disclosing information about lead-based paint in housing.
The FAQ we discussed about agent-to-agent communication appears in Part 1, page 5, under Question 12:
12.Q: Given that the selling agent in real estate transactions may be prohibited by State or local law from direct communication with the seller, how can they inform the seller of his or her responsibilities under this rule?
A: Where State or local laws prohibit direct contact, EPA and HUD have determined that the selling agent may inform the listing agent of the seller’s responsibilities under this rule and may sign the disclosure form to that effect. Regardless of the actions or involvement of the selling agent, however, the listing agent is still responsible for informing the seller of his or her duties under this rule.
Posted by: Byron King on 5/1/26 (This information is only accurate as of 5/1/26. You must contact SCR for updates and changes to this information after 5/1/26, as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)
This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.