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Both home sellers and landlords will have to tell prospective buyers/renters if a building (residential or commercial) has been tested for radon, and give them the results, under a measure passed by the U.S. House of Representatives). The bill, HR 2448: The Radon Awareness and Disclosure Act of 1994, also will require the U.S. Environmental Protection Agency (EPA) to identify areas where radon can be expected to be found in high concentrations and develop mandatory certification for radon testing equipment.
The legislation requires anyone selling or renting residential or commercial properties to provide potential buyers/lessees with a pamphlet explaining the possible hazards of radon and make known the results of any tests that have been conducted. Failure to comply could mean a fine of $2,000, but no criminal penalties. The bill would also require EPA- within nine months- to identify regions of the country that have "exceptionally" high radon levels and develop a strategy for reducing those levels.
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Critics complain the bill's disclosure requirements will essentially require sellers, in most cases, to conduct radon tests and correct any problems. The National Association of Realtors (NAR), the nation's largest real estate trade group, says it is satisfied with the bill and its contents. According to NAR President Robert Elrod, the group "encourages the use of property disclosure forms so buyers are informed about radon and other material facts" about a property prior to beginning the "closing" process.
The senate version of HR 2448 is called S 656. Should it pass the Senate, the bill will require a document be developed containing radon-related information and it be handed out to purchasers and renters. (A revised version of the "Home Buyer's and Seller's Guide to Radon" might meet this requirement). "In addition, it will require a radon warning statement and notification that the buyer has the right to conduct a radon test."
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