Disclosures and Environmental Practice Questions: Hazards, Reports and Duties
Property disclosures and environmental issues account for nine scored National questions on the Texas sales agent exam. Practice here with 16 original questions on hazards, site assessments and disclosure duties, each with an explanation and source links. Six separate Texas examples cover known defects, seller notices and other state rules. Those examples do not affect your National quiz score.
16 questions on disclosures & environmental, scored, each with a full explanation after you answer. Every question is also written out below if you would rather study at your own pace.
16 questions
~12 min
National practice only
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Work through the questions at your own pace.
Choose an answer mentally, then open its explanation. Each question has a source and a point to watch. These are original practice questions, not Pearson VUE exam items or a prediction of your result.
1
No lead test does not mean no disclosure
An ordinary sale of a 1975 single-family home is covered by the federal lead-disclosure rule. The seller has no known lead information or reports and has never tested the home. What is required before the buyer becomes obligated?
A.Test every painted surface before making disclosures
B.Complete the required lead-disclosure process
C.Remove the original paint before accepting an offer
D.Replace disclosure with a general home warranty
Check answer and explanation
Correct answer: B. Complete the required lead-disclosure process
Lack of knowledge does not excuse the disclosure process. The seller states the lack of known information and records, provides an EPA-approved pamphlet, and completes the required contract warnings and acknowledgments. An inspection opportunity also applies, with written waiver or timing changes allowed. This disclosure rule does not itself require testing or removal.
Watch for this: The question says the sale is covered. Do not invent an exemption because no test was done.
A properly conducted home radon test measures 4 pCi/L. What does EPA guidance recommend at that level?
A.Treat it as a guarantee of safe indoor air
B.Rely on the absence of an unusual odor
C.Wait until the reading reaches 10 pCi/L
D.Take action to reduce the radon level
Check answer and explanation
Correct answer: D. Take action to reduce the radon level
EPA recommends fixing a home at 4 pCi/L or above and considering action between 2 and 4 pCi/L. The action level is not a boundary below which exposure is risk-free. It is health guidance, not proof that every sale has the same testing or disclosure requirement.
Watch for this: A recommended action level is not an automatic legal requirement to test every home sale.
A factory proposes a point-source discharge of pollutants through a pipe into waters of the United States. No exception applies. Which federal program is the match?
A.Clean Water Act: NPDES
B.Clean Air Act permits
C.CERCLA cleanup
D.Title X disclosures
Check answer and explanation
Correct answer: A. Clean Water Act: NPDES
The National Pollutant Discharge Elimination System regulates covered pollutant discharges from point sources to waters of the United States. EPA or an authorized state administers the permit. Sending wastewater to a municipal sewer presents a different regulatory question.
Watch for this: Read both the discharge source and the receiving water; not every wet location is federally jurisdictional.
A developer proposes discharging fill into wetlands confirmed to be waters of the United States. The activity has no applicable exemption. Which federal authorization must be addressed?
A.A lead-disclosure acknowledgment
B.An air-quality operating permit
C.Clean Water Act Section 404 authorization
D.A Superfund liability settlement
Check answer and explanation
Correct answer: C. Clean Water Act Section 404 authorization
Section 404 regulates discharges of dredged or fill material into jurisdictional waters, including covered wetlands. The facts establish jurisdiction and remove the exemption question. In a real project, the appropriate permitting authority must determine the applicable permit path; wet ground alone does not answer that question.
Watch for this: Neither 'all wetlands are unbuildable' nor 'a local building permit is enough' is a sound general rule.
A purchaser wants to satisfy all appropriate inquiries before acquisition for a potential CERCLA liability protection. Which timing statement matches the federal AAI rule?
A.Finish all inquiries within one year after closing
B.A report has no age limit if ownership is unchanged
C.Repeat every inquiry within 30 days before closing
D.Use the one-year window and 180-day component updates
Check answer and explanation
Correct answer: D. Use the one-year window and 180-day component updates
AAI must be conducted within the year before acquisition. Specified components must be conducted or updated within 180 days, including interviews, lien searches, government-record reviews, visual inspections and the environmental professional's declaration. Completing AAI is not automatic immunity; the claimed protection has other requirements and continuing obligations.
Watch for this: Check when the work was done, not just the date printed on the report cover.
A site review identifies a possible solvent release. An environmental professional recommends targeted soil and groundwater sampling to investigate it. Which assessment normally performs that work?
A.Phase I environmental site assessment
B.Phase II environmental site assessment
C.A NEPA environmental impact statement
D.A FEMA flood-map determination
Check answer and explanation
Correct answer: B. Phase II environmental site assessment
Phase II uses sampling and analysis to investigate identified concerns. Phase I ordinarily relies on records, interviews and site observation rather than sampling. An environmental impact statement is a different federal review document for proposed agency actions meeting NEPA's review thresholds, not the next name for a Phase II.
Watch for this: A Phase I is not a guarantee that every indoor hazard, such as mold or radon, has been tested.
A service station's regulated underground tank leaks ordinary gasoline. Which federal framework specifically regulates petroleum underground storage tanks?
A.RCRA Subtitle I and UST rules
B.CERCLA alone
C.Title X disclosure rules
D.NPDES permits alone
Check answer and explanation
Correct answer: A. RCRA Subtitle I and UST rules
The federal UST program under RCRA Subtitle I regulates petroleum tanks, with state programs also important. CERCLA generally excludes petroleum from its hazardous-substance definition. That exclusion is not a release from cleanup duties; separately added hazardous substances or other contamination can change the analysis.
Watch for this: First identify what leaked. Do not treat every contaminated site as the same CERCLA fact pattern.
Which status is expressly one of CERCLA Section 107's potentially responsible party classes, even if that person did not personally cause the contamination?
A.An unrelated neighboring landowner
B.An appraiser with no ownership or operating role
C.The facility's current owner or operator
D.A buyer who only viewed the property
Check answer and explanation
Correct answer: C. The facility's current owner or operator
Current owners and operators are a listed class. The others include owners or operators at disposal, qualifying arrangers, and transporters who selected the site. Liability can be strict and retroactive, and joint and several for indivisible harm. A particular claim still requires the legal elements, with applicable defenses and protections considered.
Watch for this: 'I did not cause it' is not, by itself, a complete defense for an owner.
In a covered lead-disclosure sale, the listing agent properly informs the seller of the federal obligations. The seller conceals known lead hazards from that agent. What does Section 745.115(b) protect the agent against?
A.Every claim relating to the property's condition
B.Liability for the seller's undisclosed lead knowledge
C.Responsibility for the agent's own false statements
D.The need to ensure the required paperwork is completed
Check answer and explanation
Correct answer: B. Liability for the seller's undisclosed lead knowledge
The subsection protects an agent who properly informed the seller from liability for failing to disclose seller-known lead information withheld from the agent. It does not remove the agent's separate duty to ensure compliance or excuse the agent's own concealment or misrepresentation.
Watch for this: A narrow protection for withheld information is not blanket immunity.
A buyer proves a knowing violation of the federal lead-disclosure rule and $8,000 in damages caused by it. What is three times those damages under Section 745.118(c), before any separately awarded fees?
A.$8,000
B.$16,000
C.$32,000
D.$24,000
Check answer and explanation
Correct answer: D. $24,000
Three times $8,000 is $24,000. The provision ties civil liability to a knowing violation and damages incurred; it is not a fixed payment for every incomplete form. Government enforcement is separate, and an actual claim requires proof of its elements.
Watch for this: Treble damages means three times the damages, not the original amount plus three more copies.
A home has confirmed asbestos-containing material in good condition. It will not be disturbed by use or remodeling. Which response matches EPA guidance?
A.Sand the surface to check whether it sheds fibers
B.Remove the material before any home can be sold
C.Leave it undisturbed and monitor its condition
D.Drill a sample without involving a specialist
Check answer and explanation
Correct answer: C. Leave it undisturbed and monitor its condition
EPA generally advises leaving sound, undisturbed asbestos-containing material alone. Damage or disturbance can release fibers. If it deteriorates or work will disturb it, obtain advice from a trained asbestos professional. This safety guidance does not decide separate disclosure, renovation or local-law requirements.
Watch for this: Identifying asbestos is not the same as deciding that immediate removal is the safest response.
Mold returns on a wall after a plumbing leak. The proposed repair is to repaint while leaving the leak unresolved. What essential step is missing?
A.Fix the moisture source and address the mold
B.Choose a darker paint to cover the staining
C.Wait for the wall to stop smelling before closing
D.Treat a fresh coat as proof of successful cleanup
Check answer and explanation
Correct answer: A. Fix the moisture source and address the mold
EPA's guidance puts moisture control and mold cleanup together. Repainting a moldy, damp surface is not a substitute for either. The size, cause and extent of the problem determine the appropriate professional help; this question is not a remediation plan or a health diagnosis.
Watch for this: A clean-looking surface does not establish that the underlying problem has been corrected.
A home is outside the mapped high-risk flood area. The buyer assumes this guarantees no flooding and that ordinary homeowners insurance covers flood damage. Which correction is sound?
A.A lower-risk designation guarantees no future flood
C.Flood insurance is available only in high-risk areas
D.Flood risk remains; check separate flood coverage
Check answer and explanation
Correct answer: D. Flood risk remains; check separate flood coverage
Flooding can occur outside high-risk zones. Most homeowners policies do not cover flood damage, so review the actual policy and flood-insurance options. Map designations, lender requirements and insurance coverage answer different questions; a map is not a property warranty.
Watch for this: 'Not required by this lender' and 'not worth considering' are different conclusions.
In a covered pre-1978 sale, the buyer signs a written waiver of the federal lead inspection opportunity. Which requirement remains?
A.The seller must remove all lead before closing
B.The buyer must still take exactly ten days to inspect
C.The required disclosures and contract acknowledgments
D.The seller must obtain a new lead-free certification
Check answer and explanation
Correct answer: C. The required disclosures and contract acknowledgments
A purchaser can waive the inspection opportunity in writing. The parties can also agree in writing to a different inspection period. Neither change removes the required known-information disclosures, available reports, pamphlet or contract acknowledgments.
Watch for this: Do not confuse this specific federal opportunity with a general inspection contingency or a Texas option period.
A lease is not the same as a lead-inspection right
A new one-year lease of a 1970 house is covered by the federal lead-disclosure rule. Which statement correctly separates a tenant's rights from a purchaser's rights under this rule?
A.Disclosures apply, but the ten-day purchaser right does not
B.No disclosure is required unless the tenant has a young child
C.The landlord must give the tenant a ten-day purchase inspection period
D.The tenant must pay for abatement before receiving the pamphlet
Check answer and explanation
Correct answer: A. Disclosures apply, but the ten-day purchaser right does not
Covered tenants receive the required lead disclosures, available records, pamphlet and lease acknowledgments before becoming obligated. The ten-day evaluation opportunity in Section 745.110 is for purchasers, not a federal rental inspection period. Other laws and the lease can create additional rights.
Watch for this: Lead-disclosure duties cover sales and leases, but not every provision applies to both in the same way.
A seller's condition statement reports no known roof leaks. The buyer wants an independent assessment of the roof's present condition. Which step provides that different type of information?
A.Treat the seller's statement as a roof warranty
B.Arrange an independent property inspection
C.Use the title policy to establish roof condition
D.Assume a lender's appraisal replaces inspection
Check answer and explanation
Correct answer: B. Arrange an independent property inspection
An independent inspection evaluates physical condition; a seller's statement reports the seller's knowledge under the applicable disclosure process. Neither an appraisal nor title insurance replaces that inspection. The contract determines available inspection rights and remedies, and specialist follow-up may be needed.
Watch for this: A report of no known problem is not proof that no problem exists.
Rule: Property due diligence; inspection versus disclosure
Addresses a problem. Fresh paint or a signed disclosure does not establish that contamination or moisture has been corrected.
Follow each link for a worked question and its sources. Site conditions need appropriate professional assessment, not diagnosis by a sales agent.
Optional supplement · Texas-specific applications
6 Texas rules to keep separate.
These examples require Texas form or statutory knowledge. They are not included in the National quiz or its score. If you only need National practice, you can skip to the study resources.
1
The seller asks the agent to hide a defect
A Texas listing agent knows a hidden foundation defect would significantly affect a reasonable buyer's decision. The seller instructs the agent to stay silent. What should the agent do?
A.Wait for the buyer's inspector to find it
B.Follow the instruction as a confidential request
C.Disclose the known significant defect and involve the broker
D.Make disclosure depend on receiving a full-price offer
Check answer and explanation
Correct answer: C. Disclose the known significant defect and involve the broker
Section 1101.652(b)(4) addresses failure to disclose a known defect described in (b)(3), which includes a significant latent structural defect. A seller's instruction does not override that duty. Involving the sponsoring broker supports proper handling; it does not make disclosure optional.
Watch for this: A buyer's opportunity to inspect does not excuse the agent's knowing concealment.
A Texas transfer is exempt from the seller notice under Property Code 5.008(e). The listing agent knows of a significant hidden structural defect. What does the notice exemption change?
A.The seller's notice requirement, not the agent's separate known-defect duty
B.The agent's duty to disclose every known significant defect
C.The physical condition of the property being transferred
D.The buyer's independent rights under every contract term
Check answer and explanation
Correct answer: A. The seller's notice requirement, not the agent's separate known-defect duty
The exemption concerns that statutory seller notice. The license holder's separate duty concerning known significant defects remains. Do not infer that every other federal or state disclosure obligation disappears because one notice is exempt.
Watch for this: Identify whose duty and which notice the exemption addresses.
A previous occupant died by suicide in a Texas home. Under Property Code 5.008(c), what duty do the seller and seller's agent have to disclose that fact?
A.Disclosure is required in every residential sale
B.The statute imposes no duty to disclose the suicide
C.Disclosure depends on the listing price
D.Disclosure is required only for a cash buyer
Check answer and explanation
Correct answer: B. The statute imposes no duty to disclose the suicide
The statute removes the disclosure duty for natural death, suicide, and an accident unrelated to the property's condition. It does not cover every death or excuse hiding a dangerous property condition. A no-duty provision is not a reason to invent an answer or make a false assurance.
Watch for this: Read the exact category. Do not generalize this rule to a fatal accident caused by a property defect.
A buyer of a Texas single-family home asks whether registered sex offenders live nearby. Which response is the most useful and avoids an unsupported assurance?
A.Guarantee that no registrants live in the area
B.Describe the neighborhood as completely safe
C.Give an unofficial list recalled from past sales
D.Direct the buyer to the Texas DPS public registry
Check answer and explanation
Correct answer: D. Direct the buyer to the Texas DPS public registry
Article 62.056(e) removes the specified residential real estate disclosure duty about registrants. DPS maintains the official public registration database. Directing the buyer there is a useful next step, not a guarantee that any neighborhood is safe or that a search is a complete risk assessment.
Watch for this: The no-duty rule does not turn the agent's memory into a reliable substitute for current public records.
A Texas seller knows a material defect and withholds it to induce a consumer to buy. The consumer would not enter the transaction if told. Which provision directly describes this nondisclosure pattern?
Section 17.46(b)(24) addresses known information withheld with the stated intent and effect on the consumer's decision. Section 17.49(c)(2) and the broker-specific (i)(2) preserve this conduct as an exception to their exemptions. This identifies the provision, not every element or remedy of a successful private lawsuit.
Watch for this: Do not label every incomplete answer a proven DTPA claim. Knowledge, intent, consumer status and the claim's other requirements matter.
Rule: Texas Business and Commerce Code 17.46(b)(24); 17.49(c)(2), (i)(2)
A visible defect does not excuse a false statement
A Texas listing agent knows about a significant roof defect visible to the buyer but falsely says the roof is sound. Does visibility excuse the agent's misrepresentation?
A.No; a patent defect does not authorize a false statement
B.Yes; only hidden defects can ever be significant
C.Yes; a buyer must disregard every statement about visible conditions
D.No; every visible defect automatically proves all civil damages
Check answer and explanation
Correct answer: A. No; a patent defect does not authorize a false statement
Section 1101.652(b)(3) addresses material misrepresentation about a known significant defect, including latent structural defects. It is not limited to hidden defects. A civil claim's reliance, causation, defenses and damages are separate questions from the conduct described here.
Watch for this: Patent means observable. It does not mean legally irrelevant or safe to misrepresent.
Keep the seller's notice separate from the agent's duty.
A seller-notice exemption does not automatically remove a license holder's duty concerning known significant defects. In a real transaction, involve the sponsoring broker and obtain appropriate legal or environmental advice when the facts are uncertain.
The official topic has 9 scored items. The counts below describe our 16-question sample, not a promise of which questions you will see. The Texas bonus examples are excluded.
Disclosures & Environmental: official allocation and free practice coverage
National subtopic
Exam items
Our questions
Property conditions and environmental issues
5
10
Environmental and property disclosure obligations and liability
4
6
A sample is not complete coverage of every possible question. See Pearson VUE's Salesperson outline, section VI. Sources beside each answer explain the underlying principle. Texas-specific rules and examples link to their own authority.
Start with the facts: What condition is present? What does the person know? Which rule applies? Testing a property, reporting what is known and fixing a problem are three different tasks.
This sample covers both broad outline groups, not every skill within them. Its mix and difficulty are not calibrated to Pearson VUE's exam. Federal environmental rules and Texas disclosure duties are labeled separately so a rule from one setting does not become a shortcut in another.
Choose what to study next.
Start with the lesson behind a missed question, then try another problem without notes.
How many disclosure and environmental questions are on the exam?
The Salesperson National outline assigns nine scored items: five on property conditions and environmental issues, and four on disclosure obligations and liability. This sample contains 16 National questions, with six separate Texas examples excluded from its score.
Are these actual Pearson VUE exam questions?
No. They are original questions using hypothetical facts and sourced rules. They are not live exam items, have not been calibrated to Pearson's difficulty, and do not cover every skill in the outline. Your score measures this set, not your probability of passing.
Does every pre-1978 property require the same lead disclosure?
No. Check the federal definition of target housing and the transaction exemptions first. For example, foreclosure sales have an exemption. A covered sale still requires the disclosure process when the seller has no known lead information. The question must establish which situation applies.
Does a Phase I guarantee protection from cleanup liability?
No. A compliant Phase I can support all appropriate inquiries, but timing, the particular statutory protection and continuing obligations also matter. Its scope is not a guarantee that every indoor hazard has been tested. Read the assessment scope before relying on it.
Can a buyer waive the lead inspection opportunity?
Yes, in writing. The parties can also agree in writing to a different period instead of the default ten days. The waiver does not waive required lead disclosures. The federal ten-day opportunity is for purchasers, not a matching right for every tenant.
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Sources and review notes
Reviewed September 7, 2026 for rules effective through September 5, 2026. Pearson VUE supplies the topic allocation, not these questions. Federal regulations and EPA, FEMA/NFIP and CFPB guidance support the National principles. Texas statutes support the separate state examples. The Texas seller-notice source is also a labeled illustration of why disclosure does not replace inspection, not a nationwide form requirement. Scenarios are hypothetical, not reported transactions. This page is exam preparation, not advice for a transaction.
Use the source beside an answer to check the specific rule.
