Lead-Based Paint: Navigating Disclosures for Pre-1978 Historic Homes

In the historic districts of Wilmington, the saltbox cottages of Southport, and the mid-century beach bungalows of Atlantic Beach, architectural history is one of our greatest assets. However, for homes constructed before 1978, that history often includes lead-based paint.

While federal law mandates clear disclosures for these properties, navigating these requirements in a coastal environment—where humidity and salt air accelerate paint deterioration—requires a strategic approach. For buyers and sellers in New Hanover, Pender, Onslow, and Brunswick counties, “compliance” is about more than just a signature; it is about risk management and preserving the integrity of the home.

The Federal Mandate: More Than a Form

The Residential Lead-Based Paint Hazard Reduction Act applies to nearly all housing built prior to 1978. In North Carolina, this means the seller must provide:

  • The EPA Pamphlet: “Protect Your Family From Lead in Your Home” must be delivered to the buyer.
  • The Disclosure Addendum: Sellers must disclose any known presence of lead-based paint and provide any available records or reports.
  • The 10-Day Window: Buyers have a legal right to a 10-day period to conduct a lead inspection or risk assessment.

Myth vs. Reality: The “Unknown” Status

One of the most common points of confusion in the Cape Fear region involves the seller’s level of knowledge.

Myth: If the seller has never tested for lead, they are “safe” from liability.

Reality: While you cannot disclose what you don’t know, you cannot ignore “material facts.” If a seller in Hampstead has performed a renovation and seen lead-safe protocols used, or if they have an old inspection report from a previous purchase, failing to disclose that information can lead to severe federal penalties and civil lawsuits.

Coastal Complications: Deterioration and Renovations

In our high-moisture climate, paint doesn’t just sit on the wall—it peels, chips, and chalks. Under North Carolina’s Lead-Based Paint Hazard Management Program (LHMP-RRP), deteriorating paint in a pre-1978 home isn’t just an aesthetic issue; it is a “hazard.”

If you are a seller in Wilmington’s Old Town or Southport preparing to list, addressing “alligatoring” or peeling paint is critical. However, you must be careful:

  • Certified Firms Only: North Carolina law requires that any paid renovation, repair, or painting project that disturbs more than 6 square feet of interior paint in a pre-1978 home must be performed by a Lead-Safe Certified firm.
  • The DIY Trap: While homeowners can work on their own primary residence, “flippers” or investors in Jacksonville or Leland are held to the same strict standards as professional contractors.

Strategic Advice for Historic Home Buyers

If you are falling in love with a 1920s craftsman in New Hanover County, don’t let a lead disclosure scare you off. Intact lead-based paint is generally not a hazard. Your strategy should focus on “friction surfaces”—windows and doors that rub together and create lead dust. During your due diligence, prioritize checking the condition of these areas over a simple “yes/no” lead test.

Your Next Step

Managing the disclosures and safety requirements of a historic property requires a partner who understands the balance between preservation and protection. At Aspyre Realty Group, we are experts in listening and communicating people’s wants into homes that work for them. We act as your strategic partner and guide, connecting you with certified inspectors and lead-safe contractors to ensure your transition into a historic home in Southeastern North Carolina is both safe and legally sound.

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