As of October 1, 2016, county law requires that “a single-family home located in the county must be tested for radon before completing a sale of the home.” A single-family home includes detached single family homes and townhomes, except those units that are part of a condominium regime or a cooperative housing corporation.
The law does not apply if the sale of the home is:
Exempt from the state transfer tax under Md. Tax-Property Code, §13-207, as amended;
By a lender or an affiliate or subsidiary of a lender that acquired the home by foreclosure or deed in lieu of foreclosure;
A sheriff’s sale, tax sale, or sale by foreclosure, partition, or by court appointed trustee;
A transfer by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust; or
A transfer of a home to be converted by the buyer into a use other than residential or to be demolished.
Where does the law apply?
The radon testing requirement applies throughout Montgomery County, except in the Town of Barnesville, the City of Rockville, the Town of Kensington, and the Town of Poolesville.
Who must perform the radon test?
The law requires the seller to perform the radon test, or permit the buyer to perform the radon test. If the seller offers the buyer the opportunity to do the test, and the buyer chooses not to, the seller must perform the test to meet the statutory requirement that a test be performed.
When must the radon test be performed?
The test must be performed up to one year prior to the settlement date. The test must be done with an approved testing device (approved for use by the Montgomery County Department of Environmental Protection (DEP).
If the radon level is high, is the seller required to remediate?
The statute does NOT require remediation. If a buyer would like to require a seller to remediate, the buyer can include the Radon Inspection Contingency in Paragraph 4 of the “Addendum of Clauses – A” (GCAAR Form 1332) as part of the offer.
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