Radon and Real Estate in Minnesota
by the Minnesota Department of Health
In Minnesota, buyers and sellers in a real estate transaction are free to negotiate and respond as they choose. Ultimately, it is up to the buyer to decide what is an acceptable level of radon risk in the home.
The Minnesota Radon Awareness Act does NOT require radon testing or mitigation. However, many relocation companies and lending institutions, as well as home buyers, require a radon test when purchasing a house.
Effective January 1, 2014, the Minnesota Radon Awareness Act requires additional disclosure and education be provided to potential home buyers during residential real estate transactions in Minnesota. Before signing a purchase agreement to sell or transfer residential real property, the seller shall disclose in writing to the buyer any knowledge the seller has of radon concentrations in the dwelling. The disclosure shall include:
- whether a radon test or tests have occurred on the property;
- the most current records and reports pertaining to radon concentrations within the dwelling;
- a description of any radon concentrations, mitigation, or remediation;
- information regarding the radon mitigation system, including system description and documentation, if such system has been installed in the dwelling; and
- a radon warning statement;
- a copy of the Minnesota Department of Health publication entitled "Radon in Real Estate Transactions."
The MN Department of Health is aware that private trade organizations have created forms to facilitate the radon disclosure including the Minnesota Association of Realtors and the Minnesota State Bar Association (MSBA). Individuals may create their own disclosure that meets the requirements of the Minnesota Radon Awareness Act. As a sample of a radon disclosure that meets the disclosure requirements of the Minnesota Awareness Act, the MDH is providing the MSBA Model Radon Disclosure Form: (http://www.health.state.mn.us/divs/eh/indoorair/radon/rndisclosuremsba.pdf)
RADON WARNING STATEMENT:
"The Minnesota Department of Health strongly recommends that ALL homebuyers have an indoor radon test performed prior to purchase or taking occupancy, and recommends having the radon levels mitigated if elevated radon concentrations are found. Elevated radon concentrations can easily be reduced by a qualified, certified, or licensed, if applicable, radon mitigator. Every buyer of any interest in residential real property is notified that the 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 overall. The seller of any interest in residential real property is required to provide the buyer with any information or radon test results of the dwelling."