Radon and home sales in Illinois

If you are buying or selling a house in Rockford or anywhere in Illinois, the Illinois Radon Awareness Act applies. Here is what it says, with links to the official text.

What the seller must provide

Under 420 ILCS 46/10, the seller must give the buyer the IEMA pamphlet “Radon Testing Guidelines for Real Estate Transactions” and the Illinois Disclosure of Information on Radon Hazards form, before the buyer is obligated under a purchase contract.^[1] The seller must disclose known radon test results showing elevated levels that are in the seller's possession.^[1]

The law also says it does not oblige the seller to test or mitigate: “Nothing in this Section is intended to or shall be construed to imply an obligation on the seller to conduct any radon testing or mitigation activities.”^[1] Some transfers are excluded (for example, certain court-ordered and foreclosure transfers); see Section 20.^[1]

Official documents: IEMA real-estate testing guidelines (PDF) · Disclosure of Information on Radon Hazards (PDF) · IEMA-OHS real-estate page.

Testing during a sale

IEMA “strongly recommends ALL homebuyers have an indoor radon test performed prior to purchase or taking occupancy, and mitigated if elevated levels are found.”^[2] Its real-estate protocols call for a test in each of the lowest structural areas suitable for occupancy, using either:

• two short-term detectors run at the same time (48 hours or longer, about four inches apart), fixing the home if the average is 4 pCi/L or more; or
• a continuous monitor (48 hours or longer) that records hourly, fixing the home if the average is 4 pCi/L or more.^[2]

IEMA says it is not in the buyer's or seller's interest to rely on a measurement by anyone other than a licensed measurement professional or technician.^[2]

Renting?

Section 26 of the same Act covers disclosure to tenants. A tenant who wants mitigation needs the landlord's express consent, and the system must be installed by a licensed radon contractor (Section 30).^[1]

General information, not legal advice. Ask your agent or attorney about your transaction.

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