Radon Disclosure Requirements Begin January 1 in Illinois

SPRINGFIELD, Ill.– When a buyer and seller sign a contract on residential real estate property in Illinois on or after January 1, 2008, the new Illinois Radon Awareness Act will apply to the sales transaction. According to the new law, the seller must supply the buyer with two documents before the buyer will become bound on a contract to purchase the property. One is a pamphlet from the Illinois Emergency Management Agency (IEMA) entitled “Radon Testing Guidelines for Real Estate Transactions.” The other is a form to sign called “Disclosure of Information on Radon Hazards.”

According to IEMA, radon is a colorless, odorless, radioactive gas that comes from naturally occurring uranium in the soil and is the leading cause of lung cancer among non-smokers.

“REALTORS want to help educate consumers about the new radon law which only applies to residential properties including single-family homes and up to four-unit buildings," said REALTOR Kay Wirth, president of the Illinois Association of REALTORS. “Some transactions are exempt from the new law, and it's important to know that the law does not require a radon test.”

Although the new law does not require sellers to test for radon in the home or to reduce the concentration if elevated levels are found, the seller and buyer are free to negotiate whether further testing or remediation are necessary. In most cases, a seller will simply provide the two documents to the buyer before the contract takes effect.

The law only applies to residential properties with “not less than one nor more than four residential dwelling units.” There are some exemptions including residential real estate property transfers that result from the following:

• a court order

• transfer to a mortgagor to a mortgagee after foreclosure

• to a fiduciary through an estate, guardianship, conservatorship or trust

• a transfer between co-owners

• a transfer from an estate according to provisions in a will, or to statue where there is no will

• transfer to a spouse or other blood relation

• a relocation company who has taken the title, where the original seller has provided the required disclosures

• to or from a governmental body

In addition, since the law is not effective until January 1, 2008, it only applies to residential transactions entered on or after this date. If you have a contract pending that was signed prior to January 1, 2008, the law will not apply.

“The goal is to raise awareness about radon," said Wirth. "Your REALTOR can provide the required disclosure form and information about where to find the radon pamphlet from the Illinois Emergency Management Agency."

Learn more at www.radon.illinois.gov and www.YourIllinoisHome.com.

The Illinois Association of REALTORS is a voluntary trade association whose 60,000 members are engaged in all facets of the real estate industry.  In addition to serving the professional needs of its members, the Illinois Association of REALTORS works to protect the rights of private property owners in the state by recommending and promoting legislation which safeguards and advances the interest of real property ownership.

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