Illinois lead disclosure exam guide
Lead-based paint disclosure for Illinois sales and leases
A pre-1978 construction date starts the lead-disclosure review. Check the actual exemption, deliver the information before the buyer or renter becomes obligated, and use the correct sale or lease documents. The 2026 pamphlet update and any Illinois mitigation notice also deserve attention. No known lead is not an exemption by itself.
Last reviewed:
The short answer
Most covered Illinois sales and leases of pre-1978 target housing require an approved lead pamphlet, known lead information, available reports and the required warning, acknowledgments, certifications, signatures and dates before the buyer or renter is obligated. Buyers also receive a 10-day inspection or risk-assessment opportunity unless changed or waived in writing. Renters do not receive that automatic buyer period. Illinois law can impose separate duties.
Reviewed October 24, 2026. The June 24, 2026 PSI broker outline lists lead-based paint at Illinois IV.E.2. The whole state Disclosures domain has 10 of 40 scored questions; that is not a lead-only quota. This guide uses current 40 CFR Part 745 Subpart F, shown as current through October 22, 2026, and the relevant Illinois provisions. Practice questions are original.
Check coverage, deliver the package and keep the proof
- Check the year and the actual housing definition. Current .103 defines target housing as pre-1978 housing, with the elderly, disability and zero-bedroom exclusions subject to the child-under-six condition. A zero-bedroom dwelling has no separation between living and sleeping areas; a small apartment with a separate bedroom is not zero-bedroom. The federal elderly-housing definition uses the stated 62-or-older initial-occupancy condition, not simply any senior label.
- Test the entire exemption. Section .101 identifies foreclosure sales, qualifying certified lead-based-paint-free leases, leases of 100 days or less with no possible renewal or extension, and qualifying lease renewals with prior complete disclosure and no new required information. The certified lead-free provision is a lease exemption; do not turn it into a blanket sale exemption. An ordinary bank-owned resale is not automatically the foreclosure sale itself.
- Collect what is known and available. Disclose known paint or hazards and available details about the basis, location and condition. Available records are in the owner's possession or reasonably obtainable at disclosure time. Include common-area records and other-unit information that is part of a whole-housing evaluation or reduction. Do not limit the file to reports found inside the apartment being leased.
- Complete the pre-obligation delivery. Give the actual EPA-approved pamphlet and the required information, then use the correct sale attachment or lease language in the contract's language. Include the required warning, owner statement, record list or no-record statement, recipient acknowledgments, applicable agent certification, signatures and dates. If the offer arrived first, .107(b) requires the disclosures before acceptance and an opportunity to review and possibly amend the offer.
- Document the purchaser's choice. Section .110 gives the purchaser a 10-day opportunity for inspection or risk assessment before becoming obligated, unless the parties mutually agree in writing to a different period or the purchaser waives the opportunity in writing. Changing the period and waiving it are different acts. Waiving evaluation does not waive the disclosure package, and a renter does not automatically receive this buyer period.
- Assign responsibilities and retain the signed record. A covered federal agent must inform the owner and ensure the required activities occur or personally ensure compliance. The federal signed-record minimum is three years from sale completion or lease-period commencement, as applicable. Illinois brokerage transaction-record requirements must also be met. Disclosure alone is not permission to disregard a separate mitigation notice, renovation rule or contractual obligation.
| Issue | Sale of covered target housing | Lease of covered target housing |
|---|---|---|
| Approved pamphlet, known facts and available reports | Required before purchaser obligation | Required before lessee obligation |
| Contract documentation | Required sale attachment and sale warning; include purchaser evaluation-or-waiver statement | Required lease warning and statements, within the lease or attached |
| 10-day evaluation opportunity | Default purchaser right; mutual written different period or purchaser written waiver | No automatic buyer-style 10-day period |
| Certified lead-based-paint-free finding | Do not import the lease-only .101(b) exemption | The specified certified-inspector finding can satisfy .101(b) |
| Federal signed-record minimum | Seller and applicable agent: three years from sale completion | Lessor and applicable agent: three years from leasing-period commencement |
| Illinois duties | Seller report, applicable mitigation-notice rules and brokerage records also matter | Applicable state owner duties and brokerage records also matter |
The distinctions that matter
| Distinction | How it works | What to notice |
|---|---|---|
| Built before 1978 vs. built in 1978 | A 1977 dwelling satisfies the age element. A 1978 dwelling does not satisfy it merely because the building is old. | Before 1978, not through 1978. |
| No knowledge vs. lead-free finding | An owner's lack of knowledge is not a professional determination that the housing is lead-based-paint free. | Unknown does not establish an exemption. |
| Inspection vs. risk assessment | An inspection investigates lead-based paint presence surface by surface. A risk assessment investigates and reports the existence, nature, severity and location of hazards. | Paint presence and hazard evaluation answer different questions. |
| Buyer period vs. renter information | Both covered transactions require the information package. The mandatory evaluation opportunity belongs to purchasers. | Do not assign the buyer's 10-day right to every renter. |
| Disclosure vs. renovation or mitigation | The federal disclosure rule alone does not require testing or hazard reduction. Renovation rules, state mitigation requirements, contracts and other laws may add obligations. | Identify which program the facts trigger. |
| Federal lead package vs. Illinois seller report | The federal paint package and the Illinois report perform separate functions. The state lead item also concerns unsafe conditions involving specified pipes and soil. | One completed form is not every required disclosure. |
Work through the facts
No report for the 1950 house
A seller knows of no lead and has no available report for a nonexempt 1950 home.
- The age element is met.
- No knowledge and no records must be stated accurately; neither fact is an exemption.
- The rest of the package and purchaser's evaluation choice remain.
Answer: Complete the covered sale process without inventing either a test result or an exemption.
The studio will house a young child
A pre-1978 studio has no separate sleeping area. A child aged four is expected to live there.
- The dwelling is zero-bedroom under the room-arrangement definition.
- The current target-housing definition includes the child-under-six qualification.
- Do not stop the analysis at the word studio.
Answer: The expected child defeats that target-housing exclusion; check whether another transaction exemption applies.
A certified lead-free home is being sold
A certified inspection found a pre-1978 dwelling lead-based-paint free. The owner proposes an ordinary sale and relies only on .101(b).
- The exemption is written for leases.
- The result is useful disclosure information, but it is not this sale's blanket exemption.
- Check the actual sale coverage and provide the required records.
Answer: Do not apply the lease-only exemption to the stated ordinary sale.
A 90-day lease can continue
A 90-day pre-1978 cottage lease lets the renter extend it for another month.
- The short-term exemption requires 100 days or less and no possible renewal or extension.
- The option defeats that condition even before it is exercised.
Answer: Do not rely on the short-term exemption.
An offer arrives before the lead package
A seller receives an offer before providing the required lead information and is about to accept.
- Section .107(b) specifically addresses this order of events.
- Complete disclosure before acceptance.
- Give the purchaser a chance to review and possibly amend the offer, and handle the evaluation opportunity properly.
Answer: Do not wait until closing to provide the package.
The five-day agreement is only verbal
Buyer and seller orally agree to shorten the default evaluation period to five days.
- The default is 10 days.
- A different period requires mutual agreement in writing.
- A written purchaser waiver is a different option.
Answer: The verbal conversation does not establish the required written different-period agreement.
A renewal follows a new building-wide report
A landlord disclosed properly at the original lease but receives a new whole-building lead report before renewal. It includes common areas and findings from other units.
- The renewal exemption requires no new information described by .107 in the lessor's possession.
- The new report defeats that condition.
- The applicable common-area and whole-building records are not limited to the renewing tenant's apartment.
Answer: Provide the required new information and records; do not rely on the unchanged-information renewal exemption.
The pamphlet is treated as the whole file
An agent emails only a pamphlet link and says that covers every disclosure and consent requirement.
- A pamphlet does not replace known information, reports and the contract certifications.
- Electronic delivery must meet applicable access and consent requirements.
- The buyer's evaluation opportunity is separate.
Answer: Complete the required package and verify compliant delivery rather than treating a bare link as universal compliance.
A new lease is proposed after an Illinois mitigation notice
An owner received a Section 9 mitigation notice for a dwelling unit. Before entering a new lease for that unit, the owner proposes only to disclose the unresolved hazard; no certificate of compliance has been obtained.
- Section 9.1 has a specific requirement before the new lease.
- The noticed owner must mitigate the identified hazard and obtain the Section 9 certificate.
- Federal disclosure alone does not replace that state requirement.
Answer: The stated disclosure-only plan does not satisfy the new-lease requirement.
Mistakes to avoid
- No child currently lives there, so all old homes are exempt. Ordinary target housing is not exempt merely because children are absent. The child qualification belongs to the specified definition exclusions.
- All studios remain excluded even if a child under six is expected. Use the current .103 definition, including its child-under-six qualification.
- A negative certified result exempts every sale. Section .101(b) is the stated lease exemption; a sale needs its own coverage analysis.
- As-is wording or a waived inspection eliminates disclosure. The information and documentation duties remain for a covered transaction.
- A renewal is always exempt. Check previous complete disclosure and new required information in the lessor's possession.
- The 10-day opportunity begins automatically after closing. The rule addresses the purchaser's opportunity before obligation, subject to the written alternatives.
- Three years is every Illinois broker's complete retention rule. The federal minimum and Illinois transaction-record obligations both apply.
- Disclosure alone satisfies renovation or mitigation obligations. Separate work-practice and state hazard-notice requirements can still control.
Check your understanding
These are original teaching questions, not recalled or predicted PSI questions. Answer first, then explain why the other choices fail.
1. A nonexempt 1950 home has no known lead and no available reports. What should the seller do?
- State the knowledge and records accurately and complete the remaining covered-sale requirements.
- Certify that the home is lead free.
- Skip disclosure because no test exists.
- Delay all information until closing.
Show answer and explanation
Answer: A. State the knowledge and records accurately and complete the remaining covered-sale requirements.
No knowledge and no available records are statements within the required package. They do not establish a certified lead-free finding or remove the pamphlet, contract documentation and purchaser opportunity.
2. A pre-1978 zero-bedroom unit will house a child aged four. What does current .103 require in the coverage analysis?
- Give every renter a mandatory buyer inspection period.
- Treat all housing built in 1978 as covered instead.
- Apply the child-under-six qualification; do not rely on that exclusion alone.
- Exclude it unconditionally because it is a studio.
Show answer and explanation
Answer: C. Apply the child-under-six qualification; do not rely on that exclusion alone.
The current target-housing definition qualifies the specified elderly, disability and zero-bedroom exclusions where a child under six resides or is expected. Other transaction exemptions still require their own facts.
3. Which fact pattern fits the short-term lease exemption?
- A one-year lease that can be cancelled after 30 days.
- A 90-day lease with no possible renewal or extension.
- Every vacation rental regardless of term.
- A 100-day lease that automatically renews.
Show answer and explanation
Answer: B. A 90-day lease with no possible renewal or extension.
Section .101(c) requires both a term of 100 days or less and no renewal or extension possibility. The other alternatives fail those conditions.
4. A certified lead-free finding is the only claimed exemption for an ordinary pre-1978 sale. What is the problem?
- The specific .101(b) exemption applies to leases, not every sale.
- No records may be disclosed after a negative result.
- Only buyers over 62 can receive reports.
- Every certified finding is legally meaningless.
Show answer and explanation
Answer: A. The specific .101(b) exemption applies to leases, not every sale.
A certified result is relevant information, but the rule's lead-free exemption is written for leases. Do not turn it into a blanket ordinary-sale exemption.
5. The purchaser wants to waive the default lead evaluation opportunity. Which document is required?
- A statement that no children live there.
- The purchaser's written waiver.
- Silence in the offer.
- Only the seller's oral approval.
Show answer and explanation
Answer: B. The purchaser's written waiver.
Section .110(b) requires the purchaser to indicate waiver in writing. A different evaluation period instead requires the parties' mutual written agreement. Neither removes the disclosure package.
6. An otherwise covered lease is being signed. Which right is not automatically provided to the renter by this federal rule?
- Known lead information and available records.
- The approved pamphlet.
- The purchaser's mandatory 10-day evaluation opportunity.
- The required lease warning and acknowledgments.
Show answer and explanation
Answer: C. The purchaser's mandatory 10-day evaluation opportunity.
The package applies to covered leases, but .110's mandatory evaluation opportunity is for purchasers. A renter may request an inspection, but the rule does not impose the same buyer period.
7. A landlord previously disclosed properly but receives a new required lead report before renewal. Which answer is best?
- Disclose only if the tenant already knows the findings.
- Wait until the tenant moves out.
- Do not rely on the no-new-information renewal exemption.
- Ignore it because the original package was complete.
Show answer and explanation
Answer: C. Do not rely on the no-new-information renewal exemption.
Section .101(d) requires previous disclosure and no new described information in the lessor's possession. A new report defeats the stated unchanged-information condition.
8. The lead package was not delivered before an offer arrived. What must occur before acceptance under .107(b)?
- A waiver signed only by the agent.
- Complete disclosure and allow the purchaser or lessee to review and possibly amend the offer.
- An automatic refusal of every offer.
- Acceptance first, then disclosure at closing.
Show answer and explanation
Answer: B. Complete disclosure and allow the purchaser or lessee to review and possibly amend the offer.
The rule expressly addresses disclosure after an offer but before acceptance. The purchaser evaluation opportunity must also be handled where applicable; a late pamphlet at closing does not satisfy this sequence.
9. Which statement correctly identifies the federal signed-record minimum for the completed disclosure?
- Until the first offer is accepted.
- Ten days after inspection.
- At least three years from sale completion, or from leasing-period commencement for a lease.
- Exactly one year from listing.
Show answer and explanation
Answer: C. At least three years from sale completion, or from leasing-period commencement for a lease.
Section .113(c) sets the distinct sale and lease anchors for the seller or lessor and applicable agent. Illinois brokerage records can require longer retention; do not treat this federal minimum as permission to discard every file after three years.
Common questions
What lead disclosure is required in Illinois?
For a covered target-housing transaction, deliver the approved pamphlet, known lead information and available records, and complete the prescribed sale or lease warning, statements, acknowledgments and certifications. Do this before the buyer or renter is obligated. A purchaser also has the evaluation opportunity and written alternatives. Illinois seller-report and owner obligations may apply separately.
Does built before 1978 mean 1978 and earlier?
No. The federal target-housing age element is construction before 1978. A 1977 dwelling meets that element; a 1978 dwelling does not by age alone. Check actual construction facts and applicable exclusions rather than guessing from the home's appearance. Other lead-related duties can still matter.
Are studios, senior housing and disability housing always excluded?
No. Use current .103, including the condition for a child under six residing or expected to reside there. A zero-bedroom dwelling has living and sleeping areas without separation. A small one-bedroom is not zero-bedroom. The federal elderly-housing definition uses the stated 62-or-older initial-occupancy condition; a senior label alone does not establish the exclusion.
Does no knowledge of lead exempt the property?
No. State no knowledge and no available records accurately where those are the actual facts, and complete the other covered-transaction requirements. Do not certify paint-free status without a proper basis. A lack of testing is not proof that no lead exists.
Must every seller test for or remove lead before selling?
The federal disclosure rule itself imposes no positive duty to conduct evaluation or reduction. It requires the stated information, documentation and purchaser opportunity. A separate mitigation notice, renovation rule, housing requirement or contract can add duties. Do not turn no universal duty under this one rule into no duty under any law.
When does a certified lead-free result provide an exemption?
Section .101(b) addresses leases of target housing found lead-based-paint free by an inspector with the specified federal or accredited state or tribal certification. It is not a blanket exemption for ordinary sales. A risk report saying no current hazard, a seller's visual opinion or a general certificate that a hazard was mitigated is not automatically the same lead-free finding.
Which short leases and renewals can be exempt?
A short lease must be 100 days or less with no possible renewal or extension. The renewal exemption instead requires prior disclosure of all .107 information and no new described information in the lessor's possession. Renewal includes the stated renegotiation or ratification situations. A new required report defeats the no-new-information condition.
What does the 10-day buyer opportunity cover?
The purchaser has the opportunity to obtain a risk assessment or inspection for lead-based paint or hazards before becoming obligated, subject to the written alternatives. The parties may mutually agree in writing to a shorter or longer period; the purchaser can waive the opportunity in writing. It is not an automatic post-closing refund period, and a waiver of evaluation does not waive the required disclosures.
Does a renter get the same 10-day period?
No mandatory buyer-style period is created for lessees by this rule. Covered renters still receive the required information and lease documentation. They can ask about inspection or negotiate appropriate terms, but do not transfer .110's purchaser right to every lease.
Which reports must be provided in a multi-unit building?
Provide records in the seller's or lessor's possession or reasonably obtainable at disclosure time. Common-area materials are included. Records about other dwellings are also included when they form part of evaluation or reduction of the target housing as a whole. Do not substitute the narrower scope of another disclosure form for this federal records rule.
Can the pamphlet replace the disclosure attachment?
No. The pamphlet is one part of the package. Sales require the prescribed attachment and their purchaser evaluation-or-waiver statement. Lease documentation has its own warning and statements and may be attached or included within the lease. Use the required wording in the contract's language rather than a paraphrased warning written for this study guide.
Can lead information be delivered electronically?
Electronic delivery must satisfy applicable requirements, including informed consent, access and the ability to retain the materials. EPA describes paper-document rights, consent withdrawal and access procedures. A link that the recipient cannot access and retain is not a complete substitute. A signed acknowledgment should reflect actual delivery; it is not a reason to skip the materials.
Which version of the EPA pamphlet should be used?
EPA's official page, updated October 13, 2026, provides the revised 2026 pamphlet and language supplements. It says older versions need not be discarded and that users should provide the appropriate-language supplement when using a prior version. Do not claim that only the new cover is lawful or that every old copy has current information. The pamphlet still does not replace the disclosure attachment.
What is the real estate agent's duty?
An agent within .103 must inform the seller or lessor of the listed obligations and ensure the activities occur or personally ensure compliance. Under .115(b), an agent who gave the required owner information has the stated protection for owner-known hazards hidden from that agent. This is not blanket immunity for the agent's own skipped forms, missing reports or other failures.
Does the federal agent definition include every buyer representative?
Read .103's transaction-role definition and its exclusion for purchasers or a purchaser representative receiving all compensation from the purchaser. That narrow federal provision is not a reason to ignore other duties. Illinois Section 15-40 separately says compensation does not determine agency, and Section 15-25 addresses known latent material adverse physical facts under its conditions.
How long are completed lead records retained?
The seller and applicable agent retain the completed sale attachment for at least three years from sale completion. The lessor and applicable agent retain the required lease record for at least three years from the leasing period's commencement. Illinois .755 separately requires the stated five-year retention for brokerage transaction records. Meet both applicable requirements; the federal minimum does not shorten the state obligation.
Does the federal package replace the Illinois seller report?
No. Where the Illinois Residential Real Property Disclosure Act applies, Section 35's report has a separate actual-knowledge lead item. Item 17 addresses unsafe concentrations or conditions involving lead paint, lead water pipes, lead plumbing pipes or lead in soil. Complete applicable state requirements as well as the federal paint process. Their coverage and condominium common-area treatment are not identical.
Does missing disclosure automatically void the sale or lease?
Federal Section 4852d(c) does not itself affect the validity or enforceability of the listed contracts and liens or create a title defect. That does not excuse a violation or decide remedies under another law or a contract. Knowing violations can produce statutory liability tied to actual damages and other enforcement consequences. Do not promise automatic cancellation or a payment without the required facts.
What changes when an Illinois mitigation notice has been issued?
Section 9.1 adds specific duties for the affected unit and covered owner. Before the stated existing-lease renewal or new sale contract, give the prescribed written notice unless the owner has obtained a Section 9 certificate of compliance, using the mitigation notice and inspection report. The section also requires the specified Department notice of sale. For a new lease, the noticed owner or covered notified purchaser must mitigate and obtain the certificate first. Simply disclosing the unresolved hazard is not that new-lease requirement.
Does Illinois have a separate brochure or posting requirement?
Section 9.1 addresses the Department brochure before the stated residential lease or sale of pre-1978 units in regulated facilities, consistently with the federal rule. Section 9.4 requires the prescribed entrance postings after a mitigation notice and sets the condition for removal. Check the actual notice and state requirements. A mitigation-compliance certificate does not by itself prove the federal certified lead-based-paint-free lease exemption.
Is lead disclosure the same as the renovation rule?
No. EPA's RRP program concerns covered paid work that disturbs painted surfaces and its certification, training and work practices. Disclosure concerns the property transaction's information and documents. Abatement is also a separate regulated activity. Signing a lead form does not qualify someone to undertake the work or satisfy every work requirement.
Are these official PSI questions or property-specific advice?
No. These are original study questions using the listed authorities. The guide does not determine a property's test results, exemptions, clinical risk, contractor qualifications, mitigation compliance, electronic-delivery compliance or a party's remedies. Use qualified professionals for the actual issue. A practice score is not a validated guarantee of passing.
Keep practising
Your next practice step
Put environmental disclosure into practice
Distinguish the property, person and condition covered by each disclosure rule.
These web resources are free. The app has a separate free starter tier and optional paid full access.
Official sources and scope
Checked October 24, 2026 against the current eCFR text, the GPO statute and current EPA pages, including the October 13 pamphlet update. Relevant Illinois provisions were read in official indexed text; direct ILGA retrieval was unreliable. Same-session verified brokerage-record and licensee-duty sources were reused as recorded. The actual regulation controls the lease-only lead-free exemption. The EPA FAQ search verification screen was not bypassed. No particular property, health result, notice, test or work plan is approved.
- PSI June 24, 2026 booklet: National VI.A.3 and Illinois II.D
- Current 40 CFR Part 745 Subpart F: lead disclosure, exemptions, documentation and agent duties
- 42 USC 4852d: disclosure, knowing violations and contract-validity provision
- EPA real-estate disclosures guidance, May 27, 2026
- EPA 2026 Protect Your Family pamphlet and supplements, updated October 13, 2026
- 765 ILCS 77/35: Illinois seller-report lead item and scope
- 410 ILCS 45/9.1: Illinois lead notices, new leases and brochure requirement
- Illinois Lead Poisoning Prevention Act: definitions, mitigation and posting
- 68 Ill. Adm. Code 1450.755(a)(3): transaction records, including brokerage agreements
- 225 ILCS 454/15-25: customer honesty and specified physical-fact duty
- 225 ILCS 454/15-40: payment does not determine agency
- EPA renovation, repair and painting program: separate certification and work rules
This is exam preparation, not advice for a specific transaction. State law and the applicable facts control. Our editorial and corrections process explains how to report an issue.