Radon Disclosure Requirements
For Sellers Begins Jan. 1, 2008
 IAR's
Legal Hotline Attorney reports that the newly
enacted Illinois Radon Awareness Act (the Act)
will go into effect on January 1, 2008.
The Illinois Radon Awareness Act requires that
before the sale of any residential real
property, the seller gives to the buyer a new
statutory form that states the property may
present the potential for radon exposure. This
Act will contain some exemptions (e.g.,
transactions under a court order, judicial deed,
and from one co-owner to another). The effective
date is January 1, 2008.
In short, before a buyer will become bound on a
contract to purchase real estate the seller (ask
your agent) 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 will be provided by the Illinois
Emergency Management Agency Division of Nuclear
Safety. Nothing in the Act will require a seller
to test for radon or to engage in "mitigation
activities." The agency reports that the
disclosure warning statement required by the new
Illinois Radon Awareness Act (effective Jan. 1,
2008) is being developed with IDFPR and should
be made available on the IEMA Web site by the
end of October.
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) and
transfers to or from a
governmental entity.
New law mandates carbon monoxide detectors
in residences
as of Jan. 1, 2007
 Public
Act 94-741 requires that every dwelling unit in
Illinois be equipped with at least one approved
carbon monoxide alarm in operating condition
within 15 feet of every room used for sleeping
purposes.
A dwelling
unit would include a single family residence as
well as each living unit of a multiple-family
residence and each living unit in a mixed-use
building. The legislation specifies that it is
the responsibility of the owner of a structure
to supply and install all required alarms.
Willful
failure to install or maintain any carbon
monoxide alarm required by this Act is a Class B
misdemeanor. The new law does exempt certain
residential units from the requirement.
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More Radon Information
 Where
Does Radon Come From?
 The
ABC's of Radon in Illinois
 Radon
Test Guidelines for Real Estate Transactions
 The
Radon Awareness Act
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