How the New Radon Testing Guidelines Impact You

Scott Sachs Real Estate Video Blog

If you’re a seller, there are new radon testing guidelines about to take effect that could have a significant impact in how you list your property.

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The new radon testing guidelines of Montgomery County impact sellers more than buyers, but it’s still important for buyers to understand their rights based on the new real estate transaction process.
Under the old law, there was a radon contingency in the contract stating that buyers had the opportunity to conduct a radon test and, based on those results, either request remediation from the seller or have the ability to walk away from the transaction.
The new law requires that within one year of the date of settlement, the seller must provide radon testing results of the property to the buyer, allow the buyer to be able to conduct the test themselves or allow the buyer to mandate that they conduct the test. In essence, the seller is responsible for paying for and conducting the test. This doesn’t mean that the seller must remediate if the radon levels come back higher, but it does mean that they have to provide the tested results in their disclosures to all parties interested in buying the property.

The new guidelines took effect on October 1st.

These new guidelines took effect on October 1st of this year. Anybody who owns a single-family or fee simple property will be included in this. REO properties, foreclosures, estate sales, condominium properties, and co-op properties will be excluded, however.
There are additional guidelines that apply to this rule regarding the logistics of how you can conduct this test and how it affects the way you list your property, so it’s important to work with a Realtor who knows what they’re talking about and is informed about the most recent changes to the law to make sure that you’re protected when it comes time to conduct your business.
For more information, you can visit our website at www.scottsachs.com where I will have a link posted with additional radon regulation rules, here. I will also have a list of the approved radon testing devices you can use or pay someone else to use prior to listing your house.