Dear Monty: We will be selling our home in the spring. Our house was built in the early 1940s. It is a large three-story stone home in a historic district. The inspector did not mention lead paint, which surprised me, as I suspect we have it. Do I have to disclose this to a buyer?

Monty: Federal Lead-Based Paint (LBP) disclosure rules from the Environmental Protection Agency require sellers of most residential housing built before 1978, including REO bank properties and for-sale-by-owner (FSBO) properties, to follow these procedures.

» Disclose the presence of LBP.

» Provide buyers and tenants with any available records or reports about any LBP present in the housing.

» Provide buyers and tenants with a federally approved LBP Hazard information pamphlet.

» Ensure that offers to purchase and leases contain certain disclosures and acknowledgments.

» Provide homebuyers with an opportunity to inspect for LBP.

LBP Noncompliance Penalty

The civil penalties for each violation shall be no more than $11,000 for violations occurring after July 28, 1997.

Suppose a person knowingly or willfully violates the federal LBP law. In that case, the sanctions could include imprisonment for not more than one year and a fine of not more than $100,000 for each day of the violation.

These laws apply to both homeowners and real estate agents nationwide.

— Richard Montgomery is the author of House Money: An Insider’s Secrets to Saving Thousands When You Buy or Sell a Home. He advocates industry reform and offers readers unbiased real estate advice. Click here to ask him a question at DearMonty.com, or follow him on Twitter at @dearmonty. Click here for previous columns. The opinions expressed are his own.

Richard Montgomery is a syndicated columnist, published author, retired real estate executive, serial entrepreneur, and the founder of DearMonty.com and PropBox Inc. He provides consumers with options to real estate questions. The opinions expressed are his own.