PRINTER'S NO. 2390
No. 1965 Session of 1993
INTRODUCED BY M. N. WRIGHT, E. Z. TAYLOR, ROONEY, KENNEY AND LAUB, JUNE 28, 1993
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 28, 1993
AN ACT 1 Requiring that radon disclosure statements be attached to 2 agreements of sale for residential real property. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Radon 7 Notification Act. 8 Section 2. Requirement. 9 An agreement of sale for residential real property shall have 10 attached to it an addendum disclosing the existence of any radon 11 known to the seller and the results of each radon test which has 12 been performed on the property, if any. 13 Section 3. Contents of disclosure. 14 The disclosure statement shall contain the following: 15 (1) Identification of the property by address or 16 description. 17 (2) Seller's name.
1 (3) Buyer's name. 2 (4) Date of agreement of sale. 3 (5) Date of settlement. 4 (6) Sale price. 5 (7) Seller's statement indicating whether: 6 (i) Seller has knowledge of the presence or absence 7 of radon. 8 (ii) Seller has knowledge that radon testing was 9 performed. If so, seller shall disclose testing dates, 10 methods used and results. 11 (iii) Seller has knowledge that the property 12 underwent radon reduction measures. If so, seller shall 13 disclose the dates and measures used. 14 (8) Buyer's statement selecting one of the following 15 options: 16 (i) Buyer acknowledges buyer's right to have the 17 property inspected for radon existence prior to 18 settlement and waives this right. 19 (ii) Buyer acknowledges the right and elects, at 20 buyer's expense, to have the property tested for radon 21 existence by a date set forth on the statement. The 22 acknowledgment shall establish that if the buyer fails to 23 obtain the test by the stated date, the buyer waives the 24 right to test. It shall also establish that if the test 25 results indicate the presence of radon at or below 0.02 26 working levels, or at four picocuries per liter of tested 27 air, the buyer shall be deemed to have accepted the 28 property and released the seller and seller's agent from 29 liability as set forth in section 6. It shall also 30 establish that if the test results indicate the presence 19930H1965B2390 - 2 -
1 of radon at a level exceeding 0.02 working levels, or at 2 four picocuries per liter of tested air, the buyer is not 3 required to accept the property and the seller may submit 4 a corrective proposal to the released buyer. 5 Section 4. Additional requirements. 6 (a) Provisions.--In addition to other provisions set forth 7 in this act, the following shall be required: 8 (1) Copies of all radon tests performed on the property 9 shall be delivered to the buyer at the time the disclosure 10 statement is delivered. 11 (2) The seller shall not be deemed to have warranted 12 either the methods or results of the tests unless the seller 13 does so explicitly. 14 (3) Within five days of receiving a corrective proposal 15 from the seller, the buyer shall either accept the new 16 proposal or declare the agreement of sale null and void. If 17 the buyer declares the agreement to be null and void, the 18 seller shall return all moneys paid by the buyer in order to 19 make the buyer whole. 20 (4) If the seller does not submit a corrective proposal 21 to the buyer, the buyer shall, within an agreed-to time 22 period, either accept the property as is or declare the 23 agreement of sale to be null and void. If the buyer declares 24 the agreement to be null and void, the seller shall return 25 all moneys paid by the buyer in order to make the buyer 26 whole. 27 (5) If the buyer fails to exercise his options within an 28 agreed-to time period, he is deemed to have accepted the 29 original proposal and to release the seller and seller's 30 agent from liability as set forth in section 6. 19930H1965B2390 - 3 -
1 (b) Publication.--These additional requirements shall be set 2 forth in writing on the disclosure statement. 3 Section 5. Signatures. 4 Each seller and buyer of the residential real estate shall 5 sign the disclosure statement. The selling agent shall also sign 6 it. 7 Section 6. Release. 8 A release from liability shall be set forth on the disclosure 9 statement as an option of the buyer by discretion or operation 10 of law. The release shall be stated as follows: 11 The buyer hereby releases, quit claims and forever 12 discharges seller, seller's agent, subagents, employees 13 and any officer or partner or any one of them and any 14 other person, firm or corporation who may be liable by or 15 through them, from any and all claims, losses or demands, 16 including personal injuries, and all of the consequences 17 thereof, where now known or not, which may arise from the 18 presence of radon in any building on the property. 19 Section 7. Effective date. 20 This act shall take effect in 90 days. D6L68JAM/19930H1965B2390 - 4 -