Montgomery County Radon Test Law
A radon test must be performed on or before the Settlement Date of a "Single Family Home" in accordance with Montgomery County Code Section 40-13C (see http://www.montgomerycountymd.gov/green/air/radon.html for details) A Single Family Home means a single-family detached or attached residential building. Single Family home does not include a residential unit that is part of a condominium regime or a cooperative housing corporation. The Seller of a Single Family Home (unless otherwise exempt below) is required to provide the Buyer, on or before Settlement Date, a copy of radon test results performed less than one year before Settlement Date, or to permit the Buyer to perform a radon test, but regardless, a radon test MUST be performed and both Seller and Buyer MUST receive a copy of the radon test results. If Buyer elects not to or fails to perform a radon test, the Seller is mandated to perform the test and provide the results to the Buyer on or before Settlement Date.
A. Property is NOT a "Single Family Home"
B. Transfer is an intra-family transfer under MD Tax Property Code Section 13-207.
C. Sale is by a lender or an affiliate or subsidiary of a lender that acquired the home by foreclosure or deed in lieu of foreclosure.
D. Sale is a sheriff's sale, tax sale or sale by foreclosure, partition or by a court appointed trustee.
E. A transfer by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship or trust.
F. A transfer of a home to be converted by the buyer into a use other than residential or to be demolished.
G. Property is located in the Town of Barnesville, Town of Kensington, Town of Poolesville, or City of Rockville.
If not exempt above, a copy of the radon test result is attached Yes No. If no, Seller will provide the results of a radon test in accordance with Montgomery County Code Section 40-13C unless the Contract includes a radon contingency. If Buyer elects not to or fails to perform a radon test, the Seller is mandated to perform the test and provide the results to the Buyer on or before Settlement Date.
NOTE: In order to request Seller to remediate, a radon contingency must be included as part of the Contract.