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Real Estate Radon Disclosure Form

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Real Estate Radon Disclosure Form

This Real Estate Radon Disclosure Form is executed as of Disclosure Date: by and between Seller Name: and Buyer Name: concerning the real property located at Property Address: .

RECITALS

WHEREAS, Seller is the current owner of the Property and has possession and control of records and knowledge concerning environmental conditions on the Property; and

WHEREAS, radon is a naturally occurring radioactive gas that may be present in indoor air and can present health risks at elevated concentrations; and

WHEREAS, the parties desire to disclose and acknowledge known radon testing results, mitigation status, and responsibilities relating to radon testing and mitigation at the Property as set forth below.

NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Seller and Buyer agree as follows:

1. DEFINITIONS

For purposes of this Disclosure: "Radon" means the radioactive gas resulting from the decay of uranium in soil, rock or water. "Mitigation System" means any active or passive system installed to reduce radon concentrations within the Property. "Test" means any radon measurement performed in the Property pursuant to a recognized protocol.

2. RADON TESTING AND RESULTS

Has a radon test been performed on the Property?  

If yes, Test Date: ; Test Location (room or level): ; Test Result (pCi/L):

A copy of the test results has been:  

3. MITIGATION

Is a mitigation system installed at the Property?  

4. SELLER REPRESENTATIONS

Seller represents, to the best of Seller's actual knowledge after reasonable inquiry, the foregoing information is true and correct as of the Disclosure Date. Seller has disclosed all known facts materially affecting indoor radon levels at the Property.

5. BUYER ACKNOWLEDGMENT AND RIGHT TO TEST

Buyer acknowledges receipt of this Disclosure prior to entering into a binding purchase agreement and has been afforded the opportunity to conduct independent radon testing at Buyer's expense. Buyer may elect to perform additional tests and shall provide Seller reasonable written notice to schedule access for such testing.

Buyer elects to:  

6. MITIGATION RESPONSIBILITY AND ACCESS

If post-contract testing reveals radon levels exceeding any applicable action level adopted by competent authorities, the parties agree that mitigation shall be handled as follows: Cost Responsibility:

Seller grants Buyer, Buyer's agents, and contractors reasonable access to the Property during ordinary business hours to perform tests and, if agreed, to install mitigation system(s). Access shall be scheduled with at least days' prior notice.

7. REMEDIES AND INDEMNIFICATION

Seller agrees to indemnify, defend, and hold Buyer harmless from any claims, liabilities, or costs arising from Seller's failure to disclose known radon test results or mitigation status, provided such failure was within Seller's actual knowledge at the time of disclosure. Buyer's remedies for Seller's breach shall include specific performance to obtain disclosure, remediation as agreed by the parties, or recovery of actual damages sustained as a direct result of Seller's omission.

8. NOTICES

Notices under this Disclosure shall be in writing and effective upon delivery when delivered personally, by nationally recognized overnight courier, or by certified mail, return receipt requested, to the notice addresses set forth above.

9. AMENDMENTS; WAIVER

This Disclosure may be modified only by a written instrument signed by both parties. No waiver by either party of any breach of any provision of this Disclosure shall be deemed a waiver of any subsequent breach of the same or any other provision.

10. GOVERNING LAW

This Disclosure shall be governed by and construed in accordance with the laws of the state where the Property is located. The parties submit to the exclusive jurisdiction of the courts located in such state for disputes arising out of this Disclosure.

11. ENTIRE AGREEMENT

This Disclosure constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, whether written or oral, relating to radon disclosure for the Property.

12. SEVERABILITY; COUNTERPARTS

If any provision of this Disclosure is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Disclosure may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

Seller Certification:

I hereby certify, under penalty of law, that the information provided in this Disclosure is, to the best of my knowledge after reasonable inquiry, true and correct as of the date below.

Buyer Acknowledgment:

By signing below, Buyer acknowledges receipt of this Disclosure and the opportunity to obtain independent testing and inspection for radon and related environmental conditions.

Seller Printed Name:

By:

Date:

Buyer Printed Name:

By:

Date:

Enter text✕

What the Real Estate Radon Disclosure Form Is

The Real Estate Radon Disclosure Form is a written record used in residential real estate transactions to disclose known radon conditions, recent test results, and any installed mitigation systems. It identifies who provided test data, the dates of tests, numeric radon measurements (in pCi/L), and any maintenance or warranty obligations tied to mitigation equipment. The form creates a clear, reproducible record for buyers, tenants, lenders, insurers, and title companies, and it is often attached to purchase agreements or lease files as evidence of disclosure and due diligence.

Why this disclosure matters in transactions

Completing a Real Estate Radon Disclosure Form clarifies property risk, protects parties by documenting known conditions, and supports informed negotiations over testing, remediation, or price adjustments. It helps meet contractual and some state requirements, reduces dispute risk, and provides a written record lenders and insurers may request.

Why this disclosure matters in transactions

Who commonly completes and relies on this form

Typical users include sellers, landlords, listing agents, and environmental or home inspectors preparing transaction disclosures.

  • Sellers and landlords — Provide known test results, mitigation details, and maintenance obligations so buyers and tenants can evaluate risk and negotiate remedies.
  • Buyers and tenants — Use disclosures to decide on inspections, request mitigation, or seek price concessions before finalizing contracts or leases.
  • Real estate and closing professionals — Rely on documented disclosures for underwriting, title review, escrow instructions, and to reduce post-closing disputes.

Accurate completion benefits buyers, tenants, lenders, insurers, and closing agents by documenting radon status and related obligations.

Essential sections every professional form should include

A complete Real Estate Radon Disclosure Form organizes test facts, mitigation details, and signatures so the disclosure is clear, auditable, and usable in closing and post-closing contexts.

Test Date

List the date(s) and duration of the radon measurement and whether short-term or long-term testing methods were used to clarify the data's reliability.

Radon Level

Report numeric results in pCi/L with units, include any averaging method, and indicate whether readings exceed action levels used by EPA or local guidance.

Mitigation System

Describe installed mitigation type, components, installation date, installer name, and any ongoing maintenance requirements or warranties.

Certifying Party

Record the name, license or certification (if applicable), and contact details of the testing lab or technician who performed or certified the measurement.

Supporting Reports

Attach the laboratory report, chain-of-custody documents, mitigation invoices, and manufacturer warranties to substantiate statements on the disclosure.

Disclosure Statement

Include a clear statement signed by the seller or landlord certifying the accuracy of the information and noting any limitations or unknowns.

Required fields and minimal data to include

Seller name: Full legal name
Property address: Street, city, state, ZIP
Test date(s): MM/DD/YYYY
Radon result: Numeric pCi/L
Mitigation summary: Installed system note
Signatures: Seller and buyer dates

Step-by-step: completing the disclosure accurately

Follow these sequential steps to collect test data, attach evidence, and obtain required signatures before closing or lease commencement.

  • 01
    Collect tests: Obtain laboratory reports and chain-of-custody documents.
  • 02
    Record results: Enter numeric pCi/L and test dates in the form fields.
  • 03
    Attach evidence: Upload PDF reports, mitigation invoices, and warranties.
  • 04
    Sign and date: Seller or landlord signs; buyer acknowledges receipt.

How to configure an online disclosure workflow

Set up fields and routing so test reports attach automatically and signers follow a clear sequence.

Field Configuration
Radon result field Numeric only; require pCi/L units
Report upload Require PDF, single file per test
Signature order Seller first, buyer second
Notifications Email on completion and missing items

Where to send or file the completed disclosure

Typical routing sends the disclosure to transaction participants, attaches it to closing files, and stores it in the property record system.

  • Seller/landlord: Retains a signed copy for records and escrow.
  • Buyer/tenant: Receives a signed copy for inspection and loan files.
  • Closing agent: Includes the disclosure in escrow and title packages.
  • Lender/insurer: May request copies for underwriting or coverage decisions.

Digital signing and file-format considerations

Use a platform that preserves attachments, audit trails, and produces tamper-evident signed PDFs.

  • File formats: PDF and DOCX are standard
  • Audit trail: Capture timestamps and signer IPs
  • Integrations: Support for CRMs and cloud storage

Timing to provide and preserve the disclosure

Provide the disclosure early enough for buyers or tenants to review and for testers or mitigators to respond before contract deadlines.

Prior to offer acceptance:

Provide existing test results before final offer to inform decisions.

Before inspection contingency ends:

Allow time for additional testing or negotiation within contingency windows.

At closing or lease signing:

Include the signed disclosure in closing documents or lease files.

When mitigation occurs:

Update disclosure with post-remediation test results and receipts.

Record retention:

Keep copies according to company retention policy and legal requirements.

Common preparation mistakes to avoid

  • Failing to attach laboratory test reports or chain-of-custody records, which undermines the disclosure's evidentiary value and can lead to disputes.
  • Reporting qualitative statements without numeric values; omit units or averages and the reading becomes ambiguous for lenders or negotiators.
  • Using unsigned or undated disclosures; missing signatures or dates may render the disclosure ineffective for closing or regulatory compliance.
  • Not updating the disclosure after mitigation; failure to provide post-remediation results can mislead buyers and create post-closing liability.

Potential consequences of incorrect or missing disclosures

Contract rescission: Possible
Monetary liability: Damage claims
Delayed closing: Yes
Mortgage denial: Possible
Insurance issues: Coverage disputes
Regulatory fines: State sanctions possible

eSignature vendor comparison for signing and storing disclosures

Compare typical plan features and starting prices across mainstream eSignature providers. signNow is listed first per vendor-comparison conventions.

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 Yes, 7-day trial No No No No
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Real-world examples of electronic disclosure workflows

These examples show how digital signing and clear disclosures reduce friction in property transactions for small and enterprise users.

Optica Ventures

A small investment firm standardized disclosures to speed closings and evidence maintenance

  • They attached lab reports to every file
  • As a result, their closing checklist became auditable and streamlined for buyers, lenders, and counsel.

Martin Properties

A brokerage moved disclosures online to avoid in-person signing delays

  • The founder reported consistent compliance across markets
  • The firm processed disclosures and mitigation receipts digitally, reducing turnaround time and preserving a complete audit trail for each sale.

Practical tips for accurate and efficient completion

Adopt consistent templates, require supporting attachments, and verify signer identity to minimize post-closing issues.

Use a standard template
Maintain a single, vetted disclosure form across listings to ensure uniformity; have counsel approve language to limit ambiguity and harmonize with purchase agreements.
Attach lab reports
Require certified laboratory reports and chain-of-custody documentation with every disclosure to substantiate numeric readings and testing methods.
Validate identities
Use reliable signer authentication (email + code or stronger) so signatures meet ESIGN/UETA standards and reduce challenges to attribution.
Record updates
When mitigation is performed, update the disclosure with post-remediation tests and invoices, and circulate revised signed copies to parties and lenders.

Frequently asked questions about the Radon Disclosure Form

Answers to common questions about when to disclose, how to sign, and what supporting documents to include.


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