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You can sell a house with lead paint, but there are several requirements. If you are aware that lead paint exists anywhere in the home, you must disclose that to potential buyers. Required home inspections will often uncover lead paint, especially for older houses where lead paint may still be a problem. If you have taken steps to encapsulate lead, you should provide buyers with full documentation of the project so it won’t cause any problems later on.

Lead toxicity comes from inhaling lead or consuming it. Before the 1980s, when the government banned lead from consumer use, it could be found in paint, plumbing, pipes, ceramics, and even gasoline. Lead paint is toxic for the same reason lead itself is toxic, which is why lead poisoning from paint presents the same as lead poisoning from water or food sources, with a slight increase in respiratory symptoms vs. digestive symptoms. Lead paint is most dangerous when it’s old and peeling, cracking, or otherwise disturbed. This increases the concentration in the air and, therefore, in breathable air. 

Hazardous waste is waste that poses a threat to human or environmental health. This generally refers to waste that is flammable, corrosive, toxic, or reactive. To confirm if the waste you need to remove is considered hazardous waste, contact your local hazardous waste facility.

If the lead paint is in a place that is not easily disturbed and is not flaking or deteriorating, you do not necessarily need to remove it. Lead is toxic when dust particles or flakes from peeling lead paint are ingested. If people are not in the area with the lead paint, it may be safe to leave it in place. You still may want to consider encapsulation with a paint formulated for covering lead-based paint, just for an added layer of protection.