Delaware General Assembly

CHAPTER 360

FORMERLY

SENATE SUBSTITUTE NO. 1 FOR

SENATE BILL NO. 198

AS AMENDED BY

SENATE AMENDMENT NO. 1

Section 1. Amend Chapter 25, Title 6, Delaware Code by inserting a new section therein as follows:

Ҥ2572A Radon Testing and Disclosure

(a) Except as excluded by §2577 of this subchapter, every purchaser of any interest in residential real property on which a residential dwelling exists shall be notified that said property may present the potential for exposure to radon.

(b) Except as excluded by §2577 of this subchapter, the seller of any interest in residential real property on which a residential dwelling exists is required to provide the buyer with any information on radon from tests or inspections in the seller’s possession, and notify the buyer of any known radon hazards.

(c) The Department of Health and Social Services shall develop the content of written information that the selling broker shall provide to the buyer of any interest in residential real property on which a residential dwelling exists. The information shall describe potential hazards of exposure to radon, testing for radon and radon remediation.

(d) The Delaware Real Estate Commission shall develop a form that will document that subsections (a), (b) and (c) of this section have occurred. The form shall be utilized for every transfer of residential real property as described in this section and shall include:

(i) The property address;

(ii) The seller’s disclosure of the presence of radon hazards, if known;

(iii) The buyer’s acknowledgement that information about radon was received;

(iv) The buyer’s acknowledgement of his/her option to test for radon;

(v) The seller’s acknowledgement that the seller has been informed of the seller’s obligation and is aware of his/her responsibility to ensure compliance with this section; and

(vi) Signatures of the buyer and seller attesting to the above and the date so signed.”

Section 2. Amend §2578, Title 6, Delaware Code by adding at the end thereof the following: “Each form shall also include the results of the radon test or tests required to be disclosed by §2572A of this subchapter.”

Section 3. This Act shall become effective upon enactment into law but shall not be enforced until the development of the written information and form required by subsections (c) and (d) of the new code section created by Section 1 of this Act, or until one year after enactment into law, whichever shall first occur.