PA real estate radon disclosure basics
General information, not legal advice. Talk to your agent or attorney about your transaction.
- Sellers must disclose known material defects. Pennsylvania's Real Estate Seller Disclosure Law requires sellers to give buyers a property disclosure statement before signing an agreement of transfer. By statute, the form must cover the "presence of hazardous substances" (68 Pa.C.S. Chapter 73, §§ 7303-7304).
- The form asks about radon by name. The State Real Estate Commission's minimum Seller's Property Disclosure Statement asks whether the seller knows of hazardous substances "including, but not limited to, asbestos, ... radon, lead paint...", and whether the property has been tested (49 Pa. Code § 35.335a, item 14).
- No duty to test. The seller doesn't have to investigate, but must not make false or misleading statements or fail to disclose a known material defect (68 Pa.C.S. § 7308).
- Real estate radon tests have rules. DEP regulations require certified testers to follow anti-tampering procedures for real estate tests, including a signed non-interference agreement (25 Pa. Code Ch. 240).
Buying? Many buyers order a radon test during the inspection period. Find a DEP-certified tester.