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Helping You Navigate Complex Legal Issues

Radon disclosures when selling real estate property

Gregory A. Lang

Minnesota residents don't usually think about radon dangers, but when radon is present in a home, it can pose serious threats to the people who live there. Radon is a carcinogenic radioactive gas that you cannot see, taste or smell. Longterm exposure to radon can lead to lung cancer. In fact, the U.S. Surgeon General says that radon is the second most common cause of lung cancer in America.

Since it is particularly dangerous, all Minnesota residents should consider having their homes regularly checked for the presence of radon. Radon disclosure is also a necessary part of any residential real estate transaction.

If you are selling a home in Minnesota, you need to make sure that you have satisfied your radon disclosure requirements. Failing to do so could prevent you from closing on your home, or it could delay your sale from happening on schedule.

Here is what you have to disclose in writing to any person who is buying a home from you:

-- Whether you have tested for radon on the property

-- Current records and reports relating to radon concentrations in the property

-- Descriptions of known radon mitigation, remediation and concentrations

-- Information about the radon mitigation system that is installed and/or being used on the property

-- A warning statement about radon

-- A copy of "Radon in Real Estate Transactions"

The latter is a publication created by the Minnesota Department of Health. It is necessary to have this documentation, among other documentation, ready at closing time.

Minnesota real estate sellers may want to consult with a lawyer about what documentation \is required before completing a residential real estate transaction.

Source: The Office of Minnesota Attorney General Lori Swanson, "Home Sellers Handbook," accessed Dec. 29, 2016

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