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Illinois Radon Disclosure

New Radon Disclosure rules for Sellers in Illinois


The Illinois Radon Awareness Act was amended in August, 2009. Radon Disclosure,lyn sims,elk grove village IL, In short, before a buyer will become bound on a contract to purchase real estate the seller will be required to provide a pamphlet entitled "Radon Testing Guidelines for Real Estate Transactions" and the Illinois Disclosure of Information on Radon Hazards. The language of the latter is set forth by statute.

The pamphlet is provided by the Illinois Emergency Management Agency Division of Nuclear Safety (IEMA). Below is the "Radon Testing Guidelines for Real Estate Transactions" pamphlet and fact sheet.

The Act will not require a seller to test for radon or to engage in "mitigation activities."

The Act excludes certain types of transactions, which are summarized as follows: Transfers made pursuant to court order, transfers resulting from foreclosure, transfers by fiduciaries of estates, transfers among co-owners, transfers pursuant to testate or intestate succession, transfers made to a spouse or other "lineal" blood relative, transfers made by relocation companies (if the relocation company has the required documents from the original seller) transfers to or from a governmental entity, and transfers involving a dwelling unit that is on the third story or higher above ground level.

Radon Disclosure

Radon Pamphlet and Facts


What happens if the seller does not give the disclosure form and pamphlet PRIOR to the buyer's offer to purchase the residential real property?

The Act states that the seller must "complete the required disclosure activities prior to accepting the buyer’s offer and allow the buyer the opportunity to review the information and possibly amend the offer." If the disclosure is not made then, according to the Act, the buyer will not become obligated under the contract to purchase the residential real property. This would presumably not preclude a buyer from proceeding to close on the purchase notwithstanding the seller's failure to disclose. There are no other penalty-type provisions under the Act.


Must the seller agree to testing and/or remediation for radon under the Act?

No. The seller and buyer are free to negotiate whether there will be any testing for radon and/or remediation should test results indicate unacceptably high radon levels in the residential property that is the subject of the transaction.


Does the Act apply to new construction?

Yes. There is no exclusion for newly constructed residential property.


Are the disclosure form and pamphlet required in the sale of a condominium unit that is located in a 5-unit townhouse arrangement; or what about where the condominium is located on the 50th floor of a multi-unit high-rise building?

The first situation would require the seller to accurately complete the disclosure form and provide the pamphlet to the buyer for any of the 5 units that were less than 3 stories above the ground level. However, for any residential units whether condominium or townhouse, located at least three stories above ground level, there would be no radon disclosure required.


Must a seller disclose that he did a "home" or "self" test for radon and not one performed by a professional radon inspector?

Yes. The language in the Act says that the seller "is required to provide the buyer with any information on radon test results of the dwelling showing elevated levels of radon…." This language does not make any distinction between tests conducted by a professional and those conducted by the seller. As a result, the general answer is that the seller should provide any results of a "home" test. The language in the Act does say any test "showing elevated levels of radon," but consider that if a test was done showing acceptable levels or even no radon, it might behoove the seller to provide that information. Once again, this is a good question for seller's attorney.


Must a seller disclose if he has had radon remediation done on the dwelling?

Yes. As of August 11, 2009, there is now a provision to that effect on the disclosure form. If there has been mitigation or remediation, the seller needs to disclose pursuant to the statutory language contained in the disclosure form. Chances are that there is some documentation to pass along to a new owner regarding a radon remediation system or some information concerning mitigation that would be shared.

Lyn Sims

Elk Grove Illinois Homes

Lyn Sims (847)230-7324
at RE/MAX Suburban

I proudly serve and sell real estate in the Northwest Suburbs of Chicago. If you are thinking about purchasing or selling your home in the communities of Schaumburg, Hoffman Estates, Elk Grove Village, Roselle, Palatine, Medinah, Itasca, Bloomingdale, Carol Stream, Bartlett, Hanover Park, Streamwood, Elgin, South Elgin, St. Charles and more importantly, want to work with a local area expert, contact me immediately.

Disclaimer: All data and information provided on this blog is for informational purposes only. Lyn Sims makes no representations as to accuracy, completeness, correctness, suitability or validity of any information on this site and will not be liable for any errors, omissions, or delays in information or any losses, injuries, or damages arising from it’s display or use.



Resources: Illinois Assoc of Realtors IAR

Radon Disclosure in Illinois ©2009 Lyn Sims - RealEstateConsumerInfo.com and RealEstateBuyMe.com
Posted Wednesday Aug 12