Radon Law in Illinois

New radon law applies to residential sales of one to four-unit properties. Effective January 1, 2008 and then updated August 2009 the Illinois Radon Awareness Act (the Act) requires the seller of a residential property (of one to four dwelling units) to provide the buyer with two documents before becoming bound on a contract: 1) a "Disclosure of Information on Radon Hazards" and 2) a pamphlet on radon testing guidelines from the Illinois Emergency Management Agency (Eli here is a newer link to the IEMA http://www.state.il.us/iema/radon/radon.htm ) . The aim of the legislation is to boost awareness about radon; nothing in the Act requires a seller to test for radon or to engage in “mitigation activities.” 

REALTORS should have general knowledge about the existence of the Act and that the provisions will impose some additional duties on sellers. NSBAR members can access the forms by logging into the members only section and going to our "Forms & Contracts" section. 

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. 

Useful Links:
http://www.nsc.org/issues/radon/
http://www.epa.gov/iaq/
http://www.state.il.us/iema/radon/availpub.asp
Click on this link to get a free Radon Test Kit http://www.state.il.us/iema/radon/RadonTestKit.asp. The kit takes about 2 weeks to get delivered. Recommend this to current and past clients.

Q. Must all sellers of residential property complete a new radon awareness disclosure form upon the signing of the legislation amending the Illinois Radon Awareness Act (the Radon Act)?

A. Not all sellers must complete a new form. Consider the following:

• If the residential property is subject to a pending purchase contract, the seller has provided the form and IEMA pamphlet as required by the existing law and the buyer has acknowledged receipt of the radon disclosure form and pamphlet before becoming bound on the purchase contract then there should be no need for the seller to complete a new form.
• If there is no purchase contract pending then it would be prudent brokerage office policy to provide a new radon disclosure form (pamphlet requirement remains the same) to its seller clients for completion and ultimate distribution to the buyer before the buyer becomes bound on a purchase contract. This would be true whether a prospective buyer has previously received a disclosure form or not. (There might be a legal argument that the seller has met his obligation if he has already provided a form/pamphlet to a prospective buyer and there is not a contract pending, but in the abundance of caution it is best for seller to provide a form that complies with the most recent version of the Radon Act).
• If excluded from radon disclosure under existing law that exemption will still apply under the amended law. In addition if a condo or coop unit is located on the third level or higher above ground level, the seller will now be excluded from the disclosure requirements of the Radon Act.
• If there is a purchase contract pending and the seller is still required to provide the form/pamphlet but seller has not provided the disclosure form/pamphlet to the buyer, he should use the new form.
• If the seller refuses to complete a new form, refer the seller client to their own attorney for specific advice.