There's a New Radon Law in Town
As of October 1st, 2016, if you are selling your home in Montgomery County, with the exception of the Town of Barnesville, the City of Rockville, the Town of Kensington and the Town of Poolesville,
"a radon test must be performed by the Seller or give the Buyer the opportunity to do the test. If the Buyer chooses not to test, the Seller must perform the test to meet the statutory requirement that a test be performed."
The test may be done by Seller, Buyer or a third party (home inspector) This requirement is contained in Chapter 40 of the County code as amended by the County Bill 31-15.
Here is where it gets a little confusing
Some agents are using the old REA Disclosure & Addendum forms. The old radon notice indicates that the Buyer does the radon testing and provides the results to the Seller. The old notice offers the Seller the option to pay for remediation, if needed, or give a credit to the Buyer.
What Should You Do?
If you are a home buyer in Montgomery County, make sure your contract includes the updated REA Disclosure & Addendum form. The radon language reads:
RADON DISCLOSURE: Effective October 1, 2016, a radon test must be performed before completing the sale of a "Single Family Home" in accordance with Montgomery County Code Section 40-13C. A Single Family Home means a single-family detached or attached residential building. Single-family home does not include a residential unit that is part of a condominium regime or a cooperative housing corporation. The Seller of a Single Family Home (unless otherwise exempt below) is required to provide the buyer a copy of radon test results performed less than one year before Settlement Date or permit the Buyer to perform a radon test.
If you are a listing agent representing a Seller in Montgomery County, make sure you use the updated REA Disclosure & Addendum.
If you are representing the Buyer, make sure you see the updated REA Disclosure & Addendum in the listing disclosures.
For more information