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Disclose Radon Information Residential Property

Concerning information about radon in residential real property transactions.
2023 Regular Session
Bill Summary

The bill requires the seller of residential real estate and a landlord of residential real estate to provide to prospective buyers and tenants in writing:

  • A warning statement about the dangers of radon and the need for testing;
  • Any knowledge the seller or landlord has of the residential real property's radon concentrations and history, including tests performed, reports written, and mitigation conducted; and
  • A copy of the most recent brochure published by the department of public health and environment that provides advice about radon in real estate transactions.

If a seller fails to provide the written disclosures, the buyer has a claim for relief against the seller for damages to the buyer resulting from the failure plus court costs. If a landlord fails to provide the written disclosures or fails to mitigate an elevated radon level, the tenant may void the lease without penalty in accordance with the statutes governing the implied warranty of habitability; except that after January 1, 2026, the tenant may void the lease only if the lease is greater than one year in duration.A real estate broker must take reasonable steps to ensure the real estate broker's clients comply with the bill. The real estate commission is required to promulgate rules requiring that these warnings and disclosures are made in real estate transactions that use a broker.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)


Became Law


Bill Text

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