Radon Disclosure Form 24

M.S.B.A. Real Property Form No. 24 (2013, 2017) PAGE 1 of 2

ADON DISCLOSURE

RADON DISCLOSURE

USE OR SIGN THIS FORM, YOU SHOULD CONSULT WITH A LAWYER TO DETERMINE THAT THIS FORM ADEQUATELY PROTECTS YOUR

LEGAL RIGHTS. Minnesota State Bar Association disclaims any liability arising out of use of this form.

This document, dated , concerns the real property located at:

[street address]

and legally described as:

MINNESOTA RADON AWARENESS ACT

Minn. Stat. Section 144.496 (2013)

Subdivision 1. Citation. This section may be cited as the "Minnesota Radon

Awareness Act."

Subd. 2. Definitions. (a) The following terms used in this section have the

meanings given them.

(b) "Buyer" means a person negotiating or offering to acquire for value,

legal or equitable title, or the right to acquire legal or equitable title to

residential real property.

radon concentrations.

(d) "Radon test" means a measurement of indoor radon concentrations

according to established industry standards for residential real property.

(e) "Residential real property" means property occupied as, or intended to

be occupied as, a single-family residence, including a unit in a common

interest community as defined in section 515B.1-103, clause (10),

regardless of whether the unit is in a common interest community not

subject to chapter 515B.

(f) "Seller" means a person who owns legal or equitable title to residential

real property.

(g) "Elevated radon concentration" means a radon concentration at or above

the United States Environmental Protection Agency's radon action level.

Subd. 3. Radon disclosure. (a) Before signing an agreement to sell or

transfer residential real property, the seller shall disclose in writing to the

buyer any knowledge the seller has of radon concentrations in the dwelling.

The disclosure shall include:

(1) whether a radon test or tests have occurred on the real property;

(2) the most current records and reports pertaining to radon

concentrations within the dwelling;

(3) a description of any radon concentrations, mitigation, or remediation;

(4) information regarding the radon mitigation system, including system

description and documentation, if such system has been installed in

the dwelling; and

(5) a radon warning statement meeting the requirements of subdivision

(b) The seller shall provide the buyer with a copy of the Minnesota

Department of Health publication entitled "Radon in Real Estate

Transactions."

transfer of any interest in residential real estate, whether by sale, exchange,

deed, contract for deed, lease with an option to purchase, or any other

option.

(d) The seller's radon disclosure requirements in this section do not apply

to any of the following:

(1) real property that is not residential real property;

(2) a gratuitous transfer;

(3) a transfer made pursuant to a court order;

(4) a transfer to a government or governmental agency;

(5) a transfer by foreclosure or deed in lieu of foreclosure;

(6) a transfer to heirs or devisees of a decedent;

(7) a transfer from a cotenant to one or more other cotenants;

(8) a transfer made to a spouse, parent, grandparent, child, or grandchild

of the seller;

(9) a transfer between spouses resulting from a decree of marriage

dissolution or from a property settlement agreement incidental to that

decree;

(10) an option to purchase a unit in a common interest community, until

exercised;

(11) a transfer to a person who controls or is controlled by the grantor as

those terms are defined with respect to a declarant under section

515B.1-103, clause (2);

(12) a transfer to a tenant who is in possession of the residential real

property; or

(13) a transfer of special declarant rights under section 515B.3-104.

(e) A seller may provide the written disclosure required under this section

to a real estate licensee representing or assisting a prospective buyer. The

written disclosure provided to the real estate licensee representing or

assisting a prospective buyer is considered to have been provided to the

prospective buyer. If the written disclosure is provided to the real estate

licensee representing or assisting the prospective buyer, the real estate

licensee must provide a copy to the prospective buyer.

Subd. 4. Radon warning statement. The radon warning statement must

include the following language: Radon Warning Statement. “The

Minnesota Department of Health strongly recommends that ALL

homebuyers have an indoor radon test performed prior to purchase or

taking occupancy, and recommends having the radon levels mitigated if

elevated radon concentrations are found. Elevated radon concentrations can

easily be reduced by a qualified, certified, or licensed, if applicable, radon

mitigator.”

“Every buyer of any interest in residential real property is notified

that the property may present exposure to dangerous levels of indoor radon

gas that may place the occupants at risk of developing radon-induced lung

cancer. Radon, a Class A human carcinogen, is the leading cause of lung

cancer in nonsmokers and the second leading cause overall. The seller of

any interest in residential real property is required to provide the buyer with

any information on radon test results of the dwelling."

Subd. 5. Liability; transfer not invalidated. (a) A seller who fails to make

a radon disclosure as required by this section, and is aware of material facts

pertaining to radon concentrations in the dwelling, is liable to the buyer.

(b) A buyer who is injured by a violation of this section may bring a civil

action and recover damages and receive other equitable relief as determined

by the court. An action under this subdivision must be commenced within

two years after the date on which the buyer closed the purchase or transfer

of the real property.

of any person to comply with a provision of this section. This section does

not prevent a court from ordering a rescission of the transfer.

Subd. 6. Effective date. This section is effective January 1, 2014, and

applies to agreements to sell or transfer residential real property executed

on or after that date.

M.S.B.A. Real Property Form No. 24 (2013, 2017) PAGE 2 of 2

ADON DISCLOSURE

Radon Warning Statement

"The Minnesota Department of Health strongly recommends that ALL home buyers have an indoor radon

test performed prior to purchase or taking occupancy, and recommends having the radon levels mitigated

if elevated radon concentrations are found. Elevated radon concentrations can easily be reduced by a

qualified, certified, or licensed, if applicable, radon mitigator.

Every buyer of any interest in residential real property is notified that the property may present exposure

to dangerous levels of indoor radon gas that may place the occupants at risk of developing radon-induced

lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and

the second leading cause overall. The seller of any interest in residential real property is required to provide

the buyer with any information on radon test results of the dwelling."

Seller’s Disclosure of Radon

Seller, answer each question with a check for “yes” or “no” where

indicated or “unknown.”

Yes No Unknown

Seller has knowledge of radon concentrations in the dwelling.

One or more radon tests have been conducted in the dwelling.

Seller has records or reports pertaining to radon concentrations

within the dwelling.

If Seller has answered “yes,” then the most current records

and reports pertaining to radon concentrations within the

dwelling are attached.

Has a mitigation system been installed?

If Seller has answered “yes,” then information regarding the

radon mitigation system, including system description and

documentation, is attached.

Radon concentrations at or above the U.S. Environmental

Protection Agency Radon Action Level are known to be present

within the dwelling.

Radon concentrations have been mitigated to below the U.S.

Environmental Protection Agency Radon Action Level.

Seller(s) signatures:_____________________________ ________________________________

[date]

Buyer received this Disclosure and the brochure entitled “Radon in Real Estate Transactions” published

by the Minnesota Department of Health.

Buyer(s) signatures:_____________________________ ________________________________

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