Lead Disclosed by the Seller in Quebec: What the Buyer Does Next

The seller's declaration reports lead in the water supply of the house you want to buy. It is not a reason to walk away on the spot, nor a detail to let slide: it is information that calls for checks, a written condition and, depending on the results, a negotiation. This article follows those steps in order, for a house connected to the municipal water system, and explains what to do about a lead service line. How to read the seller's declaration as a whole is covered in our article on the 12 critical points of the seller's declaration.

A lead disclosure tells you where to look

The seller declares what they know. A mention of lead tells you that there are, or were, lead pipes in the water supply. It does not say where they are, whether they are still in service, or how much lead actually ends up in the tap water.

Lead in water can come from the service line, the pipe connecting the municipal network to the building, but also from interior plumbing or old solder. The checks below answer two separate questions: how much lead is in the water, and where it comes from.

Tap water testing: what it measures, and how the sample is taken

The test measures the concentration of lead in the water coming out of the tap. It is done by an accredited laboratory, which supplies the bottles and sampling instructions. The result is then compared with the federal guideline and the Quebec drinking water standard.

How the sample is taken changes the result. Water that has sat in the pipes for several hours can contain more lead than water that has been run. Before reading a number, you need to know what type of sample was taken, and when. In an unoccupied house, or after a long absence, sampling must follow the laboratory's protocol exactly.

Some municipalities offer testing to residents. As a buyer, you are not a resident yet: the test then goes through a private laboratory, with the seller's agreement for access to the house.

The service line: the public part and the private part

A service line has two parts. The public part runs from the main under the street to the property line. The private part runs from that line into the building. The first is the municipality's responsibility, the second the owner's.

Some cities, including Montreal, have lead service line replacement programs. What those programs cover for the public part, and what they require of the owner for the private part, should be checked with the municipality concerned. Also ask whether it knows the service line material at that address and whether street work is planned.

For the private part, the building inspector can look at the pipe where it enters the basement. What you see there does not tell the whole story of the route under the lot, but it is a first clue that the pre-purchase inspection should document.

The condition to write into the promise to purchase

These checks take time and depend on access to the house. They belong in the promise to purchase as a condition, with a realistic deadline. A useful condition specifies:

• what will be checked: water testing by an accredited laboratory, and identification of the service line material;
• the deadline to obtain the results and inform the seller;
• who pays for the test and how access is arranged;
• what the buyer can do depending on the result: accept, propose an amendment to the agreement, or withdraw.

Your broker will help you word it. What matters is that it exists before acceptance: once the promise is accepted without a condition, discovering a high lead level no longer gives you the same leverage.

Negotiating: pricing the private part, coordinating with the city

Negotiation starts from a number, not an impression. Ask a plumber for a quote to replace the private part of the service line and, if interior plumbing is involved, the interior part as well. The cost depends on the length of the pipe, the lot, and what sits on top of it: driveway, landscaping, trees.

If the public part also needs replacing, coordination with the city matters: replacing the private part alone, or waiting for municipal work, does not produce the same result or the same timeline.

With the quote in hand, three outcomes are possible: a price reduction, work done by the seller before the sale, or a holdback at the notary's office until the work is done. Each affects your financing and when you pay, as detailed in our article on negotiating after the inspection.

Between the purchase and the work

The replacement is not always done before you take possession. In the meantime, the usual measures are simple: use a filter certified to reduce lead, run the cold water before drinking it, and use only cold water for drinking and cooking. Young children and pregnant women are the most sensitive to lead: in a household that includes them, these measures are not optional.

Once the work is done, a new test confirms that the result has changed. Keep it with the quote and the invoice: these are the documents that will answer, on the day you sell, the same question you are asking today.