On August 7, 2023, SB23206 concerning information about Radon in residential real estate transactions go into effect. The law requires that each sales contract for a residential property contain the following, or a substantially similar, disclosure in bold faced type:
THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT STRONGLY RECOMMENDS THAT ALL HOME BUYERS HAVE AN INDOOR RADON TEST PERFORMED BEFORE PURCHASING RESIDENTIAL REAL PROPERTY AND RECOMMENDS HAVING THE RADON LEVELS MITIGATED IF ELEVATED RADON CONCENTRATIONS ARE FOUND. ELEVATED RADON CONCENTRATIONS CAN BE REDUCED BY A RADON MITIGATION PROFESSIONAL.
RESIDENTIAL REAL PROPERTY MAY PRESENT EXPOSURE TO DANGEROUS LEVELS OF INDOOR RADON GAS THAT MAY PLACE THE OCCUPANTS AT RISK OF DEVELOPING RADON-INDUCED LUNG CANCER. RADON, A CLASS A HUMAN CARCINOGEN, IS THE LEADING CAUSE OF LUNG CANCER IN NONSMOKERS AND THE SECOND LEADING CAUSE OF LUNG CANCER OVERALL. THE SELLER OF RESIDENTIAL REAL PROPERTY IS REQUIRED TO PROVIDE THE BUYER WITH ANY KNOWN INFORMATION ON RADON TEST RESULTS OF THE RESIDENTIAL REAL PROPERTY.
The new lay also requires that the sales contract or seller’s property disclosure for residential real property contact the following disclosure:
- Whether a radon test or test have been conducted on the property.
- The most recent records or reports pertaining to the radon concentrations within the property.
- A description of any radon concentration detected or mitigation or remediation performed, and
- Information regarding whether a radon mitigation system has been installed on the property, and
- Provide an electronic or paper copy of the most recent brochure published by the Colorado Department of Public Health and Environment that provides advise about radon in residential real estate transactions.
The law requires the tenant to acknowledge receipt of the disclosure by signing the disclosure. If a landlord fails to make the required disclosures, or does not make a reasonable effort to mitigate the radon within 180 days after being notified by a radon mitigation professional that the air concentration of radon on four (4) picocuries per liter or more, the tenant may void the lease agreement and vacate the property (on or after January 1, 2026), this remedy will not apply to leases that are one year or less in duration. A landlord breaches the warranty of habitability if the required disclosure is not made.
Frequently Asked Questions
Does SB23-206 require a homeowner or landlord to do a radon test?
No, there are no mandates with this law. Like lead based paint this disclosure is required to notify a tenant or home buyer of the possibility of the dangers of radon.
Does SB23-206 require a home owner for pay for a radon test if they are going to sell their home?
No, the sellers only responsibility is to follow the disclosure process. However, if the disclosure is not made and the information booklet is not passed to the buyer or tenant, then the homeowner could be sued and forced to pay for court costs, radon testing and mitigation.
In July 2022, new testing rules went into effect requiring all professionals involved in a real estate transaction be licensed by the State of Colorado. See this article Radon Testing Required in Colorado for more information.
Here is a copy of the latest disclosure: Home Buyers and Seller’s Guide to Radon.
For more information see these two websites:
Colorado Department of Health & Environment Radon page and the EPA’s page on radon.
