Short answer
For most homes built before 1978, federal law requires the seller and the real estate agents to give you the EPA's lead pamphlet, disclose any lead paint or hazards they know about, share any reports they have, and put a Lead Warning Statement in the contract. You also get 10 days to have the home tested, unless you agree to a different period or waive it in writing. Many New Hampshire homes are old enough for this to apply.
Why does 1978 matter?
Lead-based paint was banned for use in homes in the U.S. in 1978, but it is still present in many older homes. Paint in good condition usually isn't a hazard. Peeling, chipping, chalking or cracked paint, and dust from friction surfaces like old windows, are the main concern. Older parts of Manchester, Nashua and most New Hampshire town centers have many homes built well before 1978.
What must the seller give you?
- The EPA lead pamphlet on finding and controlling lead hazards in a home
- Any known information about lead-based paint or hazards in the home, including where it is and its condition
- Any records or reports the seller has, including for common areas in a condo building
- A Lead Warning Statement attached to or written into the purchase contract
The rule doesn't apply to homes built after 1977, foreclosure sales, or a few other cases, such as a home certified free of lead-based paint by a certified inspector.
Should I use the 10 days to test?
It's worth thinking about, especially if young children will live in the home or you plan to renovate. A certified lead inspector or risk assessor can test the paint and dust. You can also agree to a shorter or longer period, or waive it, in writing. Your real estate agent can help you write it into your offer, alongside the home inspection and radon and arsenic tests.
How do lenders treat lead paint?
For FHA loans on homes built before 1978, defective paint the appraiser notes generally has to be repaired before closing, using safe work practices. VA appraisals also look for peeling paint on older homes. Conventional appraisals note condition issues that affect safety or value. If repairs are needed, the seller often handles them before closing, or a renovation loan can include them.
What if I plan to renovate?
Contractors paid to renovate, repair or paint pre-1978 homes must follow the EPA's lead-safe work rules and be certified. Ask for proof of certification before work starts. If you plan to rent the home, New Hampshire has its own lead rules for landlords, so check them before you buy a multi-family; see buying a multi-family in NH.
Sources
- U.S. EPA, Real estate disclosures about potential lead hazards
- U.S. EPA, Lead-based paint disclosure rule (Section 1018 of Title X)
- U.S. EPA, Lead Renovation, Repair and Painting Program
Checked November 2, 2026. Rules and dates change, so confirm current details before you rely on them.
General information only, not tax or legal advice. Program availability, eligibility and terms vary by lender and are subject to change and to underwriting approval. Not a commitment to lend.