Residential Property Radon Disclosure: A Necessary Step
Concerning the requirement to disclose information about radon concentrations and risks in residential real property transactions.
The bill mandates that the seller of any residential real estate, as well as the landlord for any residential rental property, furnish prospective buyers and tenants with specific written information regarding radon levels and risks. This information must include:
- A Detailed Warning Statement: This warning is to emphasize the potential dangers of radon, a naturally occurring radioactive gas known to cause lung cancer, and to encourage testing to determine the radon concentration within the property.
- Disclosure of Known Radon History: The seller or landlord must divulge any information they possess concerning the property’s radon concentrations and history. This disclosure should cover any tests performed, reports produced, and mitigation efforts carried out to reduce radon levels.
- Provision of Relevant Brochure: A copy of the most recent brochure published by the Department of public health and Environment, offering advice and guidelines about handling radon in real estate transactions, must be supplied.
In the event that a seller neglects to furnish the required written disclosures, the buyer has legal grounds to seek relief against the seller for damages incurred due to this failure, along with any court costs. Conversely, if a landlord fails to make the necessary disclosures or does not address an elevated radon level, the tenant has the right to nullify the lease without any penalty, following the laws related to the implied warranty of habitability. It’s worth noting that after January 1, 2026, the tenant may void the lease only if its duration is longer than one year.
Furthermore, real estate brokers are responsible for taking reasonable measures to guarantee that their clients adhere to the bill’s requirements. This includes ensuring that all warnings and disclosures related to radon are incorporated into real estate transactions involving a broker. To enforce compliance, the real estate commission is obligated to promulgate rules and regulations governing these disclosures. The bill’s provisions align with a broader initiative to enhance public health and safety by raising awareness of radon risks and ensuring that both buyers and renters are well-informed before committing to a real estate transaction.
