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Real Estate Radon Disclosure

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REAL ESTATE RADON DISCLOSURE

Effective Date:

Property Identification

Parties

Radon Testing

Has radon testing been performed on the Property?

If tested, Test Date:    Testing Company:    Testing Method/Type:

Location of Test (room/level):    Result (pCi/L):

Test protocol, chain of custody, and full test report attached to this Disclosure?

Mitigation System

Is a radon mitigation system installed on the Property?

Is the mitigation system currently operating as intended?

Health Warning & Recommended Action

NOTICE: Radon is a naturally occurring radioactive gas that may cause lung cancer. Elevated indoor radon concentrations are a health hazard. When radon test results indicate elevated levels, mitigation measures to reduce radon are available. A commonly referenced action level is 4.0 pCi/L; however, risk may exist below that level. The parties should consider a professional evaluation when results indicate elevated concentration or if there is concern for occupant health.

Seller Representations and Certifications

The Seller certifies, to the best of Seller's actual knowledge, that the information in this Radon Disclosure is true and complete. Seller further certifies whether testing and mitigation information provided herein reflects Seller's actual knowledge and that Seller has disclosed known material defects or conditions relating to radon, radon testing, or mitigation systems on the Property.

Seller does not warrant future radon concentrations and disclaims any express warranty for future radon levels except as set forth in a separate written agreement. Any representations as to the effectiveness of a mitigation system are limited to Seller's actual knowledge and to any written documentation provided and attached to this Disclosure.

Buyer Acknowledgment

By signing below, Buyer acknowledges receipt of this Radon Disclosure and any attached test reports, understands the health risks associated with radon, and has been afforded the opportunity to obtain independent testing or inspection at Buyer's expense prior to closing. Buyer acknowledges that Buyer may rely upon the information provided herein in deciding whether to proceed with the transaction.

Buyer received Disclosure on:

Buyer elects to:

Remedies, Indemnity, and Governing Law

The parties agree that a material misrepresentation or omission in this Disclosure may constitute a breach and entitle the non-breaching party to remedies including, but not limited to, specific performance, rescission, compensatory damages, and reasonable attorney's fees. Seller agrees to indemnify Buyer for claims directly arising from Seller's knowing misrepresentation regarding radon testing or mitigation.

Governing Law: The laws of the state of shall govern the interpretation and enforcement of this Disclosure.

Entire Agreement: This Radon Disclosure, together with any attached test reports and written mitigation documentation, constitutes the entire agreement between the parties with respect to radon matters and supersedes prior oral or written representations.

Notices

Seller Printed Name:

Seller Signature:

Buyer Printed Name:

Buyer Signature:

Seller Date:

Buyer Date:

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What the Real Estate Radon Disclosure Is and when it matters

A Real Estate Radon Disclosure documents whether a property has been tested for radon, the measured radon levels, and any mitigation performed. It typically accompanies property condition disclosures during a sale or lease, summarizes test methodology and date, and clarifies responsibility for mitigation. The disclosure helps buyers evaluate indoor air quality risks related to radon gas and provides a clear record that the seller has communicated known radon information to prospective purchasers before finalizing the transaction.

Why including a clear Radon Disclosure helps the transaction

A concise Radon Disclosure reduces post-closing disputes, documents compliance with state disclosure regimes, and supports informed buyer decisions. Accurate disclosure can limit liability, speed negotiations, and preserve evidence of seller disclosure in case of later claims.

Why including a clear Radon Disclosure helps the transaction

Who completes and relies on a Radon Disclosure

Typical participants responsible for completing or reviewing the disclosure are listed below.

  • Real estate sellers and listing agents — Provide test results, mitigation history, and sign the disclosure before marketing or contract execution.
  • Buyers and buyer agents — Review disclosure during inspection contingencies and may request retesting or mitigation as a condition of purchase.
  • Home inspectors and certified radon testers — Supply test reports, methodology details, and interpret pCi/L results for inclusion.

Each participant’s role affects timing, signature authority, and what supporting documents accompany the disclosure.

Primary signers and authorized agents

Seller

Individual or entity that owns the property and is legally obligated to disclose known radon test results and mitigation history; must sign or authorize a representative to sign on its behalf.

Licensed Agent

Real estate licensee or broker completing the listing package who attests to delivery of the disclosure to buyers and maintains copies as required by state law and brokerage policy.

Essential components of a professional Radon Disclosure

A professional disclosure is structured, dated, and accompanied by test reports; it records key facts that buyers and regulators rely on.

Header

Clear document title, property address, and transaction identifier so the disclosure is unambiguously tied to the specific sale or lease.

Property Identification

Street address, parcel number or legal description, and unit number if applicable to avoid misattribution between adjacent properties or condo units.

Test Results

Reported radon concentration in picocuries per liter (pCi/L), numeric value with one decimal place recommended, and measurement duration noted.

Test Details

Date of test, testing method or device type, tester name or company, and any laboratory analysis reference number for verification.

Mitigation History

Description of any mitigation system installed, installation date, service records, and performance verification or follow-up testing results.

Signatures

Seller and agent signature blocks with printed names and dates; include witness or notary section if required by state law.

Step-by-step: filling and delivering the Radon Disclosure

Follow these four core steps to prepare, sign, and distribute the disclosure consistently during a sale or lease process.

  • 01
    Gather records: Collect test reports, lab results, and mitigation receipts before preparing the disclosure.
  • 02
    Complete form: Enter property, test, and mitigation details; confirm dates and units.
  • 03
    Execute signatures: Obtain seller and agent signatures; notarize if state requires.
  • 04
    Share with buyer: Provide the disclosure to buyer or buyer agent during inspection or contract contingencies.

Typical routing flow for digital Radon Disclosures

Digital workflows streamline delivery and create an auditable trail that documents who received and signed the disclosure.

  • Upload document: Place the disclosure PDF or template into the e-sign platform.
  • Assign signers: Add seller and agent emails and set signing order if required.
  • Collect signatures: Signers authenticate and apply signatures or initials electronically.
  • Store evidence: Platform generates a certificate of completion and stores the signed file.

Common digital workflow settings for Radon Disclosure e-signing

Configure these fields and settings to ensure correct signing order, identity checks, and record retention in your e-sign platform.

Field Configuration
Signing Order Seller first | Agent second when required
Authentication Email + SMS code or knowledge-based if buyer requests
Audit Trail Enable IP, timestamp, and event log capture
Storage Location Designate secure cloud folder with retention policy

Platform considerations for secure eSubmission

Choose a platform that supports audit trails, secure storage, and integrations used in your brokerage or title workflow.

  • File formats: PDF and DOCX supported
  • Integrations: Salesforce, NetSuite, Microsoft 365, Google Workspace
  • Authentication: Email link, SMS code, or advanced options

Ensure the provider supports ESIGN/UETA compliance, secure storage, and any industry-specific addenda your state or client requires.

Required data elements to include on the disclosure

Property: Full address and identifier
Test value: Numeric pCi/L result
Test date: MM/DD/YYYY format
Tester: Company or inspector name
Mitigation: Installation and service summary
Signatures: Seller and agent dated signatures

Common preparation mistakes to avoid

  • Failing to state the unit (pCi/L) or using inconsistent units, which can create confusion and negotiation disputes.
  • Entering an ambiguous test date or using a report from a different property, undermining the disclosure’s reliability.
  • Not attaching the original lab report or test device reading, limiting the buyer’s ability to verify results.
  • Using vague mitigation descriptions without dates or installer contact information, which complicates follow-up testing and warranties.

Consequences of incorrect or missing disclosures

Contract rescission: Buyer may rescind purchase
Price reductions: Negotiated credits or lower offers
Liability claims: Post-closing legal exposure
Closing delays: Additional inspections required
Regulatory fines: State disclosure penalties possible
Insurance impact: Claims or coverage disputes

Timing and typical deadlines to observe

Key time points usually align with listing, inspection, and closing milestones; adjust based on state law and contract terms.

At listing or pre-offer:

Provide known radon info early when practical

During inspection period:

Buyers may request retesting within inspection contingencies

Before contract signing:

Some states require disclosure prior to acceptance

When mitigation occurs:

Deliver mitigation documents and verification promptly

Record retention:

Keep disclosure with closing files for required period

Transaction milestones where disclosures matter

Follow this milestone sequence to ensure the disclosure is complete, shared, and retained at each major step in the sale.

01

Prepare Disclosure

Populate form with test and mitigation details before listing.

02

Deliver to Buyer

Provide disclosure during inspection or prior to contract acceptance.

03

Execute Signatures

Seller and agent sign; notarize only if state required.

04

Archive Records

Store signed disclosure with closing documents and test reports.

Real-world examples of radon disclosures in transactions

These short examples show how practitioners document radon results and maintain evidence during a closing workflow.

Case Study 1

A broker included the lab report with the listing disclosure to avoid later disputes

  • Result: buyer waived retest after reviewing documentation
  • The attached report and dated seller signature prevented a post-closing claim and streamlined escrow closing with clear evidence of disclosure.

Case Study 2

A small real estate firm used an online disclosure template to capture mitigation details

  • Point: installer contact included for verification
  • Including installer name, installation date, and a follow-up test result allowed the buyer to proceed without additional negotiation.

Comparing common eSignature vendors for Radon Disclosures

Vendor pricing and features vary by plan; select a provider based on compliance needs (ESIGN/UETA), integrations, and notary or HIPAA support.

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 plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Practical tips to ensure accurate, defensible disclosures

Adopt consistent practices to reduce errors, ensure buyer confidence, and preserve evidentiary quality of disclosure records.

Use certified testers
Engage state-certified or laboratory-backed radon testers for reliability; include the lab name and device serial number on the disclosure to permit independent verification.
Record units and precision
Always report radon in pCi/L with one decimal place and specify whether the reading is short-term or long-term, to avoid rounding disputes and preserve technical clarity.
Attach supporting documents
Include the original lab report, device calibration records, and mitigation invoices as attachments to the disclosure to strengthen evidentiary weight and accelerate buyer review.
Use compliant e-sign workflows
When signing electronically, ensure the platform supports ESIGN/UETA-compliant audit trails, secure storage, and the ability to reproduce the signed record if needed.

Frequently asked questions about Radon Disclosures

Answers to common procedural and legal questions about preparing, signing, and retaining Radon Disclosures in U.S. real estate transactions.


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