November 2013 Article - MINNESOTA
Overview of the New Minnesota Radon Awareness Act – Part 1
I appreciate the generous assistance and support from the staff of the Indoor Air Unit of the Minnesota Department of Health (MDH) in writing this two-part series article.
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Notice that the law says “…licensee representing or assisting the prospective buyer…” If you have an agency relationship with the prospective buyer, you are representing that buyer. If you are helping buyers negotiate or offer to purchase property, and you are not representing those buyers, you are probably assisting them.
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"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." |
Free online course: “Understanding the Minnesota Radon Awareness Act.” You may take a free 1-hour online Minnesota CE course in that will review the requirements of the Minnesota Radon Awareness Act in more depth, plus information about where radon comes from, its dangers, how to test for it, and how to mitigate it. Because you will likely be faced with radon issues in your real estate transactions after January 1, 2014, this CE course is highly recommended for Minnesota licensees. To enroll in this free course, go to our Minnesota Continuing Ed Course List page. You may enroll now, and take the course any time later. |
Overview of the New Minnesota Radon Awareness Act – Part 2
Your Duties as a Real Estate Licensee
You are your sellers’ advisor
The law requires sellers to make these disclosures and documents, but as their listing agent, you should direct them to the required disclosure text and the MDH publication, entitled “Radon in Real Estate Transactions.” (NOTE: This publication will be available from the Minnesota Department of Health on or before January 1, 2014.)
You are your buyers’ advisor
Make sure your buyers receive all the required radon documents for properties they are interested in, including the MDH radon publication. If the seller, or seller’s agent, gives you these documents, you are required to give them to buyers who want to make an offer and/or negotiate to purchase the property, whether you are representing or assisting the buyers.
Print a “disclosure package” for all your single family listings
To make the seller’s required disclosures efficient, staple together all of the above required documents, and leave those packets in the property where prospective buyers easily find them. You could also include them as supplementary pages to Multiple Listing Service property data. |
The radon disclosure exemptions might require legal advice If you think your sellers might not have to make required radon disclosures because of one or more of the above exemptions, you should consider recommending that they receive competent legal advice. |
Free online course: “Understanding the Minnesota Radon Awareness Act.”
You may take a free 1-hour online Minnesota CE course in that will review the requirements of the Minnesota Radon Awareness Act in more depth, plus information about where radon comes from, its dangers, how to test for it, and how to mitigate it. Because you will likely be faced with radon issues in your real estate transactions after January 1, 2014, this CE course is highly recommended for Minnesota licensees. To enroll in this free course, go to our Minnesota Continuing Ed Course List page. You may enroll now, and take the course any time later. |
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