- Official section
- Illinois IV.E.2: Lead-Based Paint
- Broker weight
- Part of 25% of the Illinois state portion
- Expected scored items
- The current PSI broker outline assigns 10 of 40 state items to Disclosures
Illinois lead disclosure exam guide
Lead-based paint disclosure for Illinois sales and leases
The construction year opens the lead file. If the housing was built before 1978, check the federal target-housing definition and exemptions, then move the pamphlet, known facts, available records, warning language, acknowledgments, and buyer evaluation choice into place before anyone signs into an obligation.
Last updated: August 1, 2026
What does current Illinois authority require?
Short answer: Most pre-1978 target-housing sales and leases in Illinois use the federal disclosure process. Before the purchaser or lessee is obligated, the seller or lessor provides the EPA-approved Protect Your Family From Lead in Your Home pamphlet, discloses known lead-based paint and hazards, provides available records and reports, and includes the required warning, certifications, acknowledgments, signatures, and dates in the contract or attachment. A purchaser receives a 10-day risk-assessment or inspection opportunity unless the parties change it in writing or the purchaser waives it in writing. A lessee does not receive that automatic 10-day period. Sellers, lessors, and agents keep the signed record for at least three years.
This guide applies 42 U.S.C. 4852d and 40 CFR Part 745 Subpart F as current on August 1, 2026, plus the Illinois Residential Real Property Disclosure Report. It is exam preparation, not advice about childhood lead exposure, inspection, risk assessment, remediation, lease rights, or liability for a particular property.
Where is this tested on the Illinois outline?
- Topic
- Target housing trigger
- What to know
- Housing constructed before 1978, residential dwelling, single-family home, attached porch, attached stoop, unit in multi-unit structure, home or residence, sale, lease, rent, sublease, purchaser, lessee, seller, lessor, and consideration
- Best exam move
- Use the build year first, then test the target-housing definition and transaction exemptions.
- Topic
- Target-housing definition exclusions
- What to know
- Housing for elderly persons, age 62, housing for persons with disabilities, zero-bedroom dwelling, efficiency, studio, dormitory, military barracks, individual room rental, child under six, resides, expected to reside, and construction after 1977
- Best exam move
- Remember that the child-under-six fact can bring otherwise excluded elderly, disability, or zero-bedroom housing back into target housing.
- Topic
- Transaction exemptions
- What to know
- Foreclosure sale, lead-based-paint-free finding, certified inspector, lease, short-term lease, 100 days or less, no renewal, no extension, lease renewal, prior complete disclosure, no new information, renegotiation, ratification, and nonexempt transaction
- Best exam move
- Do not treat an ordinary resale as foreclosure or assume every renewal is exempt without checking new information.
- Topic
- Known lead information
- What to know
- Known lead-based paint, known lead-based paint hazard, basis for determination, location, painted-surface condition, deteriorated paint, accessible surface, friction surface, impact surface, contaminated dust, contaminated soil, no knowledge, accurate statement, and owner disclosure to agent
- Best exam move
- State what is known, including location and condition details, rather than making a bare yes answer when more information is available.
- Topic
- Available records and reports
- What to know
- Possession, reasonably obtainable, inspection report, risk assessment, reduction record, common area, hallway, stairway, laundry room, playground, boundary fence, multifamily building, other unit, building-wide evaluation, available, no records, list, and delivery
- Best exam move
- Use the federal definition of available, which reaches possession or reasonable obtainability at disclosure time.
- Topic
- EPA pamphlet
- What to know
- Protect Your Family From Lead in Your Home, EPA-approved, equivalent state-approved pamphlet, buyer receipt, lessee receipt, language access, electronic delivery, paper right, consent, access, retainability, and complete package
- Best exam move
- Deliver the actual approved pamphlet rather than a broker-written summary or web link that the recipient cannot access and retain.
- Topic
- Sale contract attachment
- What to know
- Lead Warning Statement, language of contract, seller statement, known presence, no knowledge, additional information, records list, no records, purchaser receipt, pamphlet receipt, evaluation opportunity, waiver, agent certification, seller signature, agent signature, purchaser signature, date, and attachment
- Best exam move
- Count all seven sale certification elements and keep the warning language in the contract's language.
- Topic
- Lease contract language
- What to know
- Lease Lead Warning Statement, within contract, attachment, lessor statement, known presence, no knowledge, additional information, records list, no records, lessee receipt, pamphlet receipt, agent certification, lessor signature, agent signature, lessee signature, date, and contract language
- Best exam move
- Use the lease-specific statement and do not add a buyer-only evaluation acknowledgment.
- Topic
- Pre-obligation sequence
- What to know
- Before purchaser obligated, before lessee obligated, offer, late disclosure, before acceptance, review, possible amendment, contract signing, lease signing, receipt, and transaction timeline
- Best exam move
- If an offer arrived first, complete disclosure before acceptance and permit review or possible amendment.
- Topic
- Purchaser's 10-day opportunity
- What to know
- Purchaser, 10 days, risk assessment, inspection, certified professional, before obligation, mutual agreement, written different period, lengthen, shorten, written waiver, contingency, result, and contract negotiation
- Best exam move
- A changed period or waiver must be written; silence is not a waiver.
- Topic
- Inspection and risk assessment
- What to know
- Surface-by-surface investigation, presence of lead-based paint, report, on-site investigation, nature, severity, location, age and history, child occupancy, visual inspection, wipe sampling, environmental sampling, and hazard evaluation
- Best exam move
- Inspection asks whether lead-based paint is present, while risk assessment evaluates hazards and exposure conditions.
- Topic
- No universal evaluation or reduction duty
- What to know
- Disclosure rule, no positive obligation, owner-paid test, reduction, interim controls, abatement, repair, seller, lessor, inspection opportunity, known information, available record, other housing law, and contract duty
- Best exam move
- Do not turn a federal information rule into an automatic promise to inspect, abate, or make every pre-1978 home lead-free.
- Topic
- Agent responsibility
- What to know
- Federal agent definition, contract with seller or lessor, listing, property management, buyer representative, compensation from purchaser, inform owner, ensure compliance, personally ensure, seller-hidden information, certification, and Illinois licensee duties
- Best exam move
- Determine whether the person is an agent under the federal definition, then apply the inform-and-ensure duties.
- Topic
- Record retention and enforcement
- What to know
- Completed attachment, completed lease, seller, lessor, agent, three years, sale completion, leasing-period commencement, knowing failure, civil monetary penalty, joint and several liability, three times damages, court costs, attorney fees, expert witness fees, EPA, HUD, and state law
- Best exam move
- Anchor retention to sale completion or lease commencement and avoid quoting an outdated fixed federal penalty maximum.
- Topic
- Illinois disclosure overlap
- What to know
- Residential Real Property Disclosure Report, aware, unsafe concentration, unsafe condition, lead paint, lead water pipe, lead plumbing pipe, lead in soil, material defect, actual knowledge, separate federal package, timely broker disclosure, and local ordinance
- Best exam move
- Stack the Illinois seller report with the federal package when both apply, and remember that the Illinois item reaches more than paint.
The LEAD file
- Locate the build year. Pre-1978 housing starts the target-housing analysis.
- Evaluate exemptions. Check elderly or disability housing, zero-bedroom units, foreclosure, certified lead-free findings, short leases, and qualifying renewals.
- Assemble information. Gather known facts, location and condition details, available reports, common-area materials, and building-wide evaluation records.
- Deliver before obligation. Send the approved pamphlet and place the correct warning, certifications, acknowledgments, signatures, and dates in the sale or lease file.
- Document the buyer choice. Provide 10 days for inspection or risk assessment unless a different written period or written waiver applies.
- File for three years. Retain the signed sale attachment from completion or lease record from commencement, and preserve proof of compliance.
- Question
- Was housing built before 1978?
- Rule
- Apply target-housing definition
- Exam anchor
- 1977 yes; 1978 no by age alone
- Question
- Is an exclusion complete?
- Rule
- Check property and transaction facts
- Exam anchor
- Every element must fit
- Question
- What is known?
- Rule
- Disclose presence, basis, location, and condition
- Exam anchor
- Knowledge is not limited to a yes box
- Question
- What is available?
- Rule
- Provide possessed or reasonably obtainable records
- Exam anchor
- Include common and building-wide records when applicable
- Question
- What information document?
- Rule
- Provide EPA-approved pamphlet
- Exam anchor
- Before buyer or renter obligation
- Question
- What contract record?
- Rule
- Use correct warning, acknowledgments, certifications, signatures, and dates
- Exam anchor
- Sale and lease forms differ
- Question
- What buyer option?
- Rule
- Permit inspection or risk assessment
- Exam anchor
- 10 days unless changed or waived in writing
- Question
- What renter option?
- Rule
- Receive disclosure package
- Exam anchor
- No automatic buyer-style 10-day period
- Question
- How long retained?
- Rule
- Seller, lessor, and agent keep signed record
- Exam anchor
- At least three years
Which Illinois distinctions matter most?
- Terms
- Pre-1978 vs. 1978 construction
- Difference
- Federal target housing is housing constructed before 1978. A house constructed in 1977 fits the age trigger; a house constructed in 1978 does not fit that definition merely because it is old.
- Question cue
- Before 1978, not 1978 and earlier.
- Terms
- Lead-based paint vs. lead-based paint hazard
- Difference
- Lead-based paint meets the federal concentration definition. A lead-based paint hazard is an exposure condition involving contaminated dust, soil, or paint on specified surfaces with adverse health effects.
- Question cue
- Material present versus hazardous exposure condition.
- Terms
- Known information vs. available record
- Difference
- Known information includes the owner's actual information about presence, basis, location, and surface condition. An available record is in the owner's possession or reasonably obtainable at disclosure time.
- Question cue
- What the owner knows versus what documentation can be supplied.
- Terms
- Inspection vs. risk assessment
- Difference
- An inspection is a surface-by-surface investigation for presence of lead-based paint. A risk assessment examines whether hazards exist and reports their nature, severity, and location.
- Question cue
- Paint presence versus hazard evaluation.
- Terms
- Buyer opportunity vs. seller test duty
- Difference
- The seller permits the purchaser to arrange a 10-day evaluation opportunity. The disclosure rule itself does not impose a positive duty on the seller to conduct that evaluation.
- Question cue
- Access for purchaser versus owner-paid testing.
- Terms
- Different evaluation period vs. waiver
- Difference
- The parties may mutually agree in writing to a longer or shorter period. A purchaser may instead waive the opportunity in writing. Those are different records.
- Question cue
- Change the clock versus decline the opportunity.
- Terms
- Sale form vs. lease form
- Difference
- Both disclose known information, records, pamphlet receipt, agent compliance, and signatures. The sale version adds the purchaser's evaluation-or-waiver statement and uses a different warning.
- Question cue
- Buyer has the extra 10-day choice.
- Terms
- Short lease vs. ordinary lease
- Difference
- The exemption requires a lease of 100 days or less with no renewal or extension. A 90-day lease that can renew does not satisfy the full exemption.
- Question cue
- Duration plus no continuation.
- Terms
- Renewal with no new information vs. renewal with new information
- Difference
- Prior complete disclosure and no new required information can support the renewal exemption. A new lead report in the lessor's possession defeats the no-new-information condition.
- Question cue
- Previously complete and still unchanged.
- Terms
- Zero-bedroom dwelling vs. one-bedroom dwelling
- Difference
- A zero-bedroom dwelling has no separation between living and sleeping areas. A small unit with a separate bedroom is not zero-bedroom merely because its square footage is limited.
- Question cue
- Room arrangement, not size.
- Terms
- Federal lead form vs. Illinois seller report
- Difference
- The federal package targets lead-based paint in covered housing transactions. The Illinois seller report separately asks about known unsafe conditions involving paint, water pipes, plumbing pipes, or soil.
- Question cue
- Federal paint process versus broader state condition item.
- Terms
- Federal seller agent vs. buyer-only representative
- Difference
- The federal agent definition reaches a party contracted to sell or lease for the seller or lessor. It excludes a purchaser or purchaser representative receiving all compensation from the purchaser.
- Question cue
- Who retained and compensates the representative.
How does the Illinois rule apply?
A 1978 home is listed
Scenario: An Illinois home was constructed in 1978. The listing agent assumes that all homes from 1978 and earlier are target housing.
- The federal definition says constructed before 1978.
- A 1978 construction date therefore does not satisfy the age element by itself, though other Illinois disclosure duties can still apply.
Answer: Do not apply the federal target-housing rule solely because the house was built in 1978.
No lead test, but the home is from 1950
Scenario: The owner has no lead test, no lead report, and no knowledge of lead-based paint in a 1950 house.
- The pre-1978 age trigger starts the federal process unless an exemption applies.
- The owner can accurately indicate no knowledge and no available records, but must still deliver the pamphlet, warning, certifications, and buyer opportunity.
Answer: Complete the federal disclosure package without inventing a test result or skipping the process.
A 90-day vacation lease can renew
Scenario: A lessor offers a 90-day furnished lease of a pre-1978 cottage, and the document gives the tenant an option to extend for another month.
- The short-term exemption requires 100 days or less and no lease renewal or extension.
- The extension option defeats one of the exemption's elements.
Answer: Do not rely on the short-term exemption; complete the covered lease disclosure process.
The buyer asks for five days
Scenario: The purchaser wants a five-day lead evaluation period, and the seller agrees verbally.
- The default opportunity is 10 days.
- The parties may mutually agree to a different period, but that different period must be recorded in writing.
Answer: Put the five-day agreement in writing before treating it as the governing evaluation period.
A building-wide report covers several units
Scenario: A landlord leases one apartment in a pre-1978 building. A prior building-wide risk assessment includes the common stairs and results from other apartments.
- Available common-area records are within the disclosure rule.
- Information about other units is also included when it is part of an evaluation or reduction of the target housing as a whole.
Answer: Provide the applicable building-wide and common-area records rather than limiting disclosure to the apartment door.
A renewal follows a new inspection
Scenario: The landlord properly disclosed at the original lease. Before renewal, the landlord receives a new report finding a lead-based paint hazard.
- The renewal exemption requires both prior complete disclosure and no new required information.
- The new report means the second condition is not met.
Answer: Update the disclosure for the renewal rather than relying on the no-new-information exemption.
Where do candidates misread the Illinois rule?
- Trap
- Target housing means built in 1978 or earlier.
- Correction
- The federal definition uses constructed before 1978, so 1977 fits and 1978 does not by age alone.
- Trap
- No known lead means no federal paperwork.
- Correction
- No knowledge is a disclosure statement within the package, not an automatic exemption.
- Trap
- Every pre-1978 transaction is covered.
- Correction
- Target-housing definition exclusions and transaction exemptions must still be checked.
- Trap
- Any lease of 100 days or less is exempt.
- Correction
- The short-term exemption also requires that no renewal or extension can occur.
- Trap
- Every renewal requires a brand-new package.
- Correction
- Prior complete disclosure with no new information can fit the specific renewal exemption.
- Trap
- A small one-bedroom apartment is a zero-bedroom dwelling.
- Correction
- Zero-bedroom turns on the lack of separation between living and sleeping areas, not square footage.
- Trap
- The pamphlet alone completes lead disclosure.
- Correction
- Known facts, available records, warning language, certifications, acknowledgments, signatures, dates, and the buyer choice also matter.
- Trap
- A buyer automatically has exactly 10 days in every contract.
- Correction
- The parties may set a different written period, and the purchaser may waive the opportunity in writing.
- Trap
- A renter has the same mandatory 10-day period.
- Correction
- The rule gives the statutory evaluation opportunity to purchasers, not lessees.
- Trap
- A seller must pay for an inspection and abatement before sale.
- Correction
- The disclosure rule itself creates no positive obligation to conduct evaluation or reduction activities.
- Trap
- Only the individual unit's records matter in a multifamily building.
- Correction
- Common-area and qualifying building-wide evaluation or reduction records can be required.
- Trap
- The sale and lease warning statements are interchangeable.
- Correction
- Each transaction uses its own required warning and certification structure in the language of the contract.
- Trap
- Lead disclosure records can be discarded at closing or move-in.
- Correction
- The seller, lessor, and applicable agent retain the signed record for at least three years from the correct anchor date.
- Trap
- The federal form replaces the Illinois seller report.
- Correction
- Federal and Illinois disclosure layers can both apply, and the state report's lead item is broader than paint alone.
Can you apply the rule to a fresh scenario?
These questions are original study items aligned to the published outline. They are not copied, recalled, or predicted PSI questions.
1. Which construction date satisfies the federal target-housing age definition?
- 1977
- 1978
- 1988
- Any year if paint is peeling
Show answer and explanation
Answer: A
Target housing is housing constructed before 1978. Peeling paint does not change the construction-year definition.
2. A buyer of covered target housing does not want a lead inspection. What is required to waive the opportunity?
- Silence at the showing
- An oral statement to the listing agent
- A written waiver by the purchaser
- A seller's unilateral decision
Show answer and explanation
Answer: C
The purchaser may waive the risk-assessment or inspection opportunity by indicating the waiver in writing.
3. Which lease is within the federal short-term transaction exemption?
- A 100-day lease that can renew
- A 90-day lease with no renewal or extension possible
- A one-year lease with a 30-day cancellation clause
- Every vacation lease regardless of length
Show answer and explanation
Answer: B
The exemption requires 100 days or less and no possibility of renewal or extension.
4. Which lead document right applies to a purchaser but not automatically to a lessee?
- Receipt of known lead information
- Receipt of available records
- A 10-day opportunity for a risk assessment or inspection
- Receipt of the EPA-approved pamphlet
Show answer and explanation
Answer: C
Both buyers and renters receive the information package, but the rule's mandatory evaluation opportunity is for purchasers.
5. How long must a seller and applicable agent retain the completed lead sale attachment?
- At least three years from sale completion
- Ten days from offer
- Only until closing
- Exactly one year from listing
Show answer and explanation
Answer: A
Section 745.113 requires retention for no less than three years from completion of the sale.
How should you review this Illinois topic?
- Session
- 1. Define target housing
- Focus
- Pre-1978, residential dwelling, elderly, disability, zero-bedroom, child under six, foreclosure, lead-free finding, short lease, and renewal
- Proof you are ready
- Classify 25 properties and transactions as covered, exempt, or needing another fact.
- Session
- 2. Build the disclosure package
- Focus
- Pamphlet, known information, location, condition, records, common areas, warning, certifications, acknowledgments, signatures, and dates
- Proof you are ready
- Build the sale and lease packages from memory and identify the single buyer-only element.
- Session
- 3. Master the 10-day rule
- Focus
- Purchaser, inspection, risk assessment, default period, written different period, written waiver, offer, acceptance, and obligation
- Proof you are ready
- Resolve 15 timing scenarios without assigning the buyer right to a renter.
- Session
- 4. Separate knowledge and records
- Focus
- Known presence, basis, location, surface condition, possession, reasonably obtainable, common-area record, building-wide evaluation, and no records
- Proof you are ready
- Identify every fact and document that must travel in 10 multifamily scenarios.
- Session
- 5. Assign roles and retention
- Focus
- Seller, lessor, agent, purchaser, lessee, buyer-only representative, inspector, risk assessor, three-year file, EPA, and HUD
- Proof you are ready
- Assign every action and file copy to the correct party and correct date anchor.
- Session
- 6. Apply LEAD
- Focus
- Locate year, evaluate exemption, assemble information, deliver before obligation, document buyer choice, and file three years
- Proof you are ready
- Score at least 90% on a fresh lead-disclosure set and explain every answer in sequence.
Do not count recognition as mastery. Close the notes and explain the rule, apply it to a new fact pattern, and identify why each distractor fails.
Practice the Illinois rule in context
From concept to decision
Drill this topic, then review the explanation
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Questions students ask about Illinois Lead-Based Paint Disclosure
What is the lead-based paint disclosure rule in Illinois?
Illinois real estate transactions follow the federal Lead-Based Paint Disclosure Rule for most target housing built before 1978. Before a buyer or renter is obligated, the seller or lessor provides the EPA-approved pamphlet, known lead information, available records and reports, the correct Lead Warning Statement, certifications, and acknowledgments. Illinois law can add separate disclosure duties.
What counts as target housing for lead disclosure?
Target housing generally means housing constructed before 1978. The definition excludes housing for the elderly or persons with disabilities and a zero-bedroom dwelling unless a child under six resides or is expected to reside there. Other transaction exemptions also apply.
Does a seller need a lead test before selling a pre-1978 Illinois home?
No positive duty to conduct an evaluation or reduction activity arises from the disclosure rule itself. The seller must disclose known information, provide available records, deliver the pamphlet and contract language, and give the purchaser the required evaluation opportunity.
How long does a homebuyer have for a lead inspection?
The seller must permit a purchaser of covered target housing a 10-day opportunity to conduct a risk assessment or inspection before the purchaser is obligated. The parties may mutually agree in writing to a different period, and the purchaser may waive the opportunity in writing.
Does a renter receive a 10-day lead inspection period?
No. The federal rule gives the mandatory 10-day evaluation opportunity to purchasers. A renter may ask for an inspection, but the disclosure rule does not require the lessor to provide the same buyer inspection period.
What lead records must be provided for a multi-unit property?
The seller or lessor provides available records and reports for the target housing, including common-area materials. Building-wide evaluation or reduction records can also require disclosure of information about other residential units when that information is part of the housing-wide work.
When is a lease renewal exempt from repeat lead disclosure?
A renewal is exempt under 40 CFR 745.101 when the lessor previously disclosed all required information and no new required information has come into the lessor's possession. If new information exists, do not rely on the renewal exemption.
How long must lead disclosure records be kept?
The seller and any agent keep the completed sale attachment for at least three years from sale completion. The lessor and any agent keep the completed attachment or lease containing the required information for at least three years from commencement of the leasing period.
What is the real estate agent's federal lead disclosure duty?
An agent within the federal definition must inform the seller or lessor of the rule's obligations and ensure the required activities occur or personally ensure compliance. If the agent has informed the owner as required, the agent is not liable for a lead condition known by the owner but hidden from the agent.
Are these official PSI Illinois broker exam questions?
No. They are original questions aligned to the Illinois broker outline effective June 24, 2026. The federal rule, EPA guidance, and Illinois seller form were reviewed through August 1, 2026.
Primary sources
- PSI Illinois Candidate Information Booklet dated June 24, 2026
- 42 U.S.C. 4852d, federal lead disclosure statute
- 40 CFR Part 745 Subpart F, current federal lead disclosure rule
- US EPA real estate disclosures about potential lead hazards, updated May 27, 2026
- US EPA Protect Your Family From Lead in Your Home pamphlet
- 765 ILCS 77/35, Illinois Residential Real Property Disclosure Report
- 225 ILCS 454/15-25, Illinois licensee duties to customers
The current official outline controls the tested scope. Statutes, regulations, and official agency materials control when a general study rule and a jurisdiction-specific rule differ.
Editorial status
Checked against primary sources
The Pass Illinois editorial team last checked this guide on August 1, 2026. Every practice question is an original study item, and the source links above let you verify the rules that support the lesson.