Colorado Legislature News: Disclose Radon Information Residential Property Bill Filed
Disclose Radon Information Residential Property, a bill concerning information about radon in residential real property transactions (SB23-206), has been filed in the 2023 session. See
https://leg.colorado.gov/bills/sb23-206
The bill requires the seller of residential real estate and a landlord of residential real estate to provide to prospective buyers and tenants in writing:
• A warning statement about the dangers of radon and the need for testing;
• Any knowledge the seller or landlord has of the residential real property's radon concentrations and history, including tests performed, reports written, and mitigation conducted; and
• A copy of the most recent brochure published by the department of public health and environment that provides advice about radon in real estate transactions.
If a seller fails to provide the written disclosures, the buyer has a claim for relief against the seller for damages to the buyer resulting from the failure plus court costs. If a landlord fails to provide the written disclosures or fails to mitigate an elevated radon level, the tenant may void the lease without penalty.
A real estate broker must take reasonable steps to ensure the real estate broker's clients comply with the bill.
See the current text of the bill at https://leg.colorado.gov/sites/default/files/documents/2023A/bills/2023a_206_01.pdf
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