The Illinois Radon Awareness Act requires:
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All homes to be tested for radon
The Act does not require all homes to be tested for radon β testing is entirely voluntary and is left to the discretion of the buyer, who may choose to conduct radon testing as part of their due diligence after receiving the disclosure pamphlet.
Sellers to provide a radon disclosure pamphlet
Buyers to pay for radon mitigation
The Act places no financial obligation on buyers to pay for radon mitigation β mitigation costs are a negotiable item between buyer and seller, and the statute is silent on who bears mitigation costs, leaving it entirely to contract negotiation.
Radon levels below 4.0 pCi/L
The 4.0 pCi/L figure is the EPA's action level guideline recommending mitigation when radon levels exceed this threshold, but it is not a legal requirement under the Illinois Radon Awareness Act β the Act does not mandate that any specific radon level be achieved before a property can be sold.
Why is this correct?
The Illinois Radon Awareness Act (420 ILCS 46/25) specifically requires sellers of residential real property to provide buyers with the Illinois Emergency Management Agency's (IEMA) radon disclosure pamphlet titled 'Radon Guide for Real Estate Transactions,' and to disclose any known radon test results or radon mitigation systems in the property. The Act does not require the seller to test the property, does not require the buyer to pay for mitigation, and does not mandate that radon levels meet any specific threshold before a sale can close β it is purely an information and disclosure statute. Sellers who fail to provide the required pamphlet can face civil liability to buyers who suffer damages as a result of the non-disclosure.
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