Do sellers always need a written disclosure?

State rules vary; many jurisdictions require disclosure of known environmental hazards. Follow local real estate commission guidance and the contract provisions to determine whether a separate radon disclosure or inclusion in the general property disclosure is required.

Can I sign the notice electronically?

Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and record retention requirements are met.

Is notarization required?

Not typically required for a disclosure form itself, but some lenders or state rules may require notarization for specific affidavits. Check contract and lender instructions before notarizing.

What if a test result is above EPA guidance?

EPA recommends action at or above 4.0 pCi/L. Parties commonly negotiate mitigation, credits, or repairs; clearly document any agreements in writing and attach mitigation contracts to the closing file.

How should I store signed disclosures?

Retain a tamper-evident PDF and an audit trail in your transaction management system. Title companies and brokerages typically retain disclosures in the closing file per their record retention policies.

Who pays for additional testing or mitigation?

Payment responsibility is negotiable. Common outcomes include seller-funded mitigation, buyer credit at closing, or shared costs; record the agreement in writing and attach to the disclosure.

Electronic Signature
Templates
Miscellaneous
Radon Disclosure Notice

Radon Disclosure Notice

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RADON DISCLOSURE NOTICE AND SERVICE AGREEMENT

WHEREAS

WHEREAS, Property Owner: is the owner of the real property located at (the "Property");

WHEREAS, the parties intend to disclose and document radon testing information, any mitigation performed, and related services or costs associated with identifying and addressing elevated radon levels at the Property; and

WHEREAS, Recipient: requires written notice of radon conditions and any service obligations, and Owner or Provider may perform testing and mitigation services under the terms set forth herein.

DISCLOSURE OF TESTING

Date of radon test(s): . Testing conducted by: . Reported result (average): .

Known mitigation currently installed: Yes No

If mitigation installed, describe system and date of installation:

SCOPE OF WORK

Scope of radon testing and mitigation services:

PAYMENT TERMS

Total estimated testing fee: $. Total estimated mitigation fee (if performed): $.

Payment schedule and method:

Late fee on overdue amounts: . Any unpaid balance shall accrue interest or collection costs as permitted by law.

TERM AND TERMINATION

This Notice and any associated services under this Agreement commence on: and, if applicable, shall terminate on: unless earlier terminated in accordance with this section.

Notice period for termination by either party:

Either party may terminate for material breach if the breaching party fails to cure within the notice period specified above. Termination shall not relieve the paying party of obligations for services performed prior to termination.

CONFIDENTIALITY

All reports, test results, mitigation specifications, and pricing provided pursuant to this Notice and Agreement shall be treated as confidential business information of the disclosing party. Receiving party shall not disclose such information to third parties except as required by law or with the disclosing party's written consent. This obligation survives termination for a period of two (2) years, except that trade secrets and other information entitled to longer protection shall be governed by applicable law.

RISK AND DISCLAIMER

Test results reflect conditions at the time of testing and may vary. No testing or mitigation eliminates radon risk entirely; mitigation reduces radon concentration but does not guarantee specific outcomes. Provider and Owner make no warranties beyond those expressly set forth in any separate service agreement.

GOVERNING LAW

This Notice and Agreement shall be governed by and construed in accordance with the laws of the State of , excluding conflict-of-law rules that would refer to the law of another jurisdiction.

ENTIRE AGREEMENT

This Notice, together with any executed scope of work or service order incorporated herein, constitutes the entire agreement between the parties with respect to radon disclosure, testing, and mitigation services and supersedes all prior negotiations, representations, or agreements, whether written or oral.

ACKNOWLEDGMENT

By signing below, the undersigned certify that they have read and understand the disclosures above, that the disclosed test results are accurate to the best of their knowledge, and that they agree to the terms set forth in this Notice and Agreement regarding testing, mitigation, payment, and confidentiality.

Discloser/Owner - Printed Name:

By:

Date:

Recipient/Buyer - Printed Name:

By:

Date:

What the Radon Disclosure Notice Is and When It Applies

A Radon Disclosure Notice is a property transaction form that notifies buyers about known radon levels, prior testing, mitigation systems, or recommendations for testing. The disclosure documents any seller knowledge about radon gas in the dwelling, whether a radon mitigation system is present, and whether past tests were performed along with their results. Many purchase agreements and state real estate rules require a written disclosure or a separate rider; the notice supports informed buyer decisions and becomes part of the transaction record retained by brokerages, title companies, and parties to the sale.

Why a Clear Radon Disclosure Matters for Transactions

Accurate radon disclosure reduces post-closing disputes, informs remediation planning, and documents seller knowledge for title and escrow. It also clarifies responsibilities for additional testing or mitigation before closing.

Primary Users and Participants

Each party has a distinct role: sellers provide known facts, agents ensure delivery, and buyers review results prior to finalizing the purchase.

Sellers and listing agents who must disclose known environmental hazards during a sale.
Buyer agents and purchasers evaluating property condition and negotiating repairs or credits.
Title officers and closing agents preserving disclosure records in the closing file.

Core Sections You’ll Find on a Professional Radon Disclosure Notice

A well-constructed notice groups seller statements, test results, mitigation details, and signature blocks so each element is explicit and verifiable.

Seller Statement

A concise declaration of the seller’s knowledge about radon presence, prior tests, dates, and any known mitigation efforts or repairs performed on the property.

Test Results

Fields for laboratory measurements (e.g., pCi/L), test dates, testing method (short-term/long-term), and the testing company or inspector identification information.

Mitigation Details

Description of any installed radon mitigation system, the installer’s name, installation date, warranty or maintenance notes, and whether the system is active.

Recommendations

Space for inspector or seller recommendations about follow-up testing, mitigation actions, or disclosure of adjacent property hazards that may affect radon levels.

Acknowledgments

Check-boxes where buyer and seller acknowledge receipt, review, and understanding of the disclosure and any attached test reports.

Signature Block

Signature and printed name fields for seller, buyer, date fields, and agent acknowledgment with spaces for notarization if required by state law or lender.

Required Data Elements on the Notice

Property Address: Street, city, state, ZIP

Seller Name: Full legal name(s)

Buyer Name: Full legal name(s)

Test Date(s): MM/DD/YYYY format

Radon Level: Numeric value in pCi/L

Mitigation Status: Installed, not installed, or unknown

Step-by-Step: Completing the Radon Disclosure Notice

Follow these sequential steps to collect test data, record mitigation information, and secure signatures before closing.

01

Collect Test Reports: Obtain lab-certified test reports and note dates and results.
02

Record Mitigation: Document any mitigation system details and installation dates.
03

Fill Notice Fields: Complete address, names, dates, and numeric readings carefully.
04

Obtain Signatures: Have seller and buyer sign; notarize if state or lender requires.

Where the Notice Fits in the Closing Workflow

The disclosure is typically prepared early, shared with buyers, reviewed with inspectors, and placed in the closing package.

Pre-Listing: Seller collects existing test and mitigation documentation.
Under Contract: Buyer reviews disclosure and orders additional testing if desired.
Escrow/Title: Title company retains signed disclosure in the closing file.
Post-Closing: Records retained per compliance and title company policy.

Digital Signing and File Formats to Use

Ensure any eSignature provider supports ESIGN/UETA compliance, produces a tamper-evident PDF, and can export a certificate of completion for the closing file.

Accepted File Types: PDF and DOCX are preferred
Audit Trail Needed: Capture timestamps, IP, and signer email
Authentication: Email or SMS code adequate for most transactions

Configuring an Online Radon Disclosure Workflow

Common configuration settings when sending the notice electronically; adjust per lender or local custom.

Field	Configuration
Signature Field	Require signer to apply full name and signature
Date Field	Auto-fill with signer date or require manual entry
Attachment Field	Allow upload for lab test PDF or image
Authentication	Email link with optional SMS code

Timing and Common Deadlines to Watch

Track testing windows and contractual inspection deadlines so disclosures and remediation fit closing schedules.

Inspection Period:

Complete radon testing within the contract inspection contingency timeline

Test Validity:

Short-term tests reflect limited windows; long-term tests show seasonal averages

Mitigation Scheduling:

Allow time for installer availability before closing

Escrow Delivery:

Deliver signed disclosure to title/escrow per contract requirements

Record Retention:

Keep copies in closing file per internal retention policy

Common Mistakes to Avoid When Preparing the Notice

Omitting test dates or failing to attach lab reports, which makes numeric readings difficult to verify and may delay closing.
Using inconsistent party names between the disclosure, purchase agreement, and title documents, causing underwriting or escrow hold-ups.
Failing to disclose an existing mitigation system or providing incomplete maintenance information that affects buyer expectations.
Relying on informal handwritten notes instead of a signed, dated notice or audited electronic record accepted by the title company.

Legal and Transactional Risks of Incorrect or Missing Disclosure

Contract Rescission: Buyer may pursue rescission or damages

Escrow Delays: Closing can be delayed for remediation or additional testing

Title Exceptions: Disclosure failures can complicate title insurance

Liability Claims: Litigation risk for nondisclosure

Regulatory Fines: State consumer protection penalties possible

Lender Requirements: Mortgage underwriter may require remediation

Practical Examples of How Disclosures Are Used

These short examples show how sellers and agents include test data and mitigation records in a typical sale file.

Residential Sale Example

A seller provided a short-term test showing 5.2 pCi/L

Buyer requested a long-term test
The parties agreed seller to install a mitigation system and provide installer warranty documentation before closing, with signed disclosure attached to the settlement package.

Agent Compliance Example

A listing agent attached two prior test reports to the online disclosure

Agent noted active mitigation system
The buyer’s lender accepted the documentation and title company retained the signed notice and attachments in the closing record.

eSignature Pricing and Feature Comparison for Document Signing

Overview of common plan and feature criteria across leading eSignature vendors; signNow appears first in the comparison for neutral benchmarking.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes (on premium tiers)	Yes	Yes	Yes	Varies
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No envelope cap	100 envelopes/user/year limit	Varies	Varies	Varies

Frequently Asked Questions About the Radon Disclosure Notice

Answers to common questions about completing, signing, and storing radon disclosures in U.S. real estate transactions.

Need help? Contact support

Do sellers always need a written disclosure?
State rules vary; many jurisdictions require disclosure of known environmental hazards. Follow local real estate commission guidance and the contract provisions to determine whether a separate radon disclosure or inclusion in the general property disclosure is required.
Can I sign the notice electronically?
Yes. Electronic signatures are enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and record retention requirements are met.
Is notarization required?
Not typically required for a disclosure form itself, but some lenders or state rules may require notarization for specific affidavits. Check contract and lender instructions before notarizing.
What if a test result is above EPA guidance?
EPA recommends action at or above 4.0 pCi/L. Parties commonly negotiate mitigation, credits, or repairs; clearly document any agreements in writing and attach mitigation contracts to the closing file.
How should I store signed disclosures?
Retain a tamper-evident PDF and an audit trail in your transaction management system. Title companies and brokerages typically retain disclosures in the closing file per their record retention policies.
Who pays for additional testing or mitigation?
Payment responsibility is negotiable. Common outcomes include seller-funded mitigation, buyer credit at closing, or shared costs; record the agreement in writing and attach to the disclosure.

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