Do You Have to Disclose Radon in PA? Pennsylvania Radon Disclosure Rules for Sellers

Yes, if you know about it. Pennsylvania's Real Estate Seller Disclosure Law requires most home sellers to disclose known material defects on a property disclosure statement, and the standard form asks about radon tests, results and mitigation systems. You do not have to test before selling, but known radon results and any system in the home belong on the form. Sellers who would rather fix a high result first can look at radon mitigation for home sellers.

This guide explains what the law says, what the form asks, what it does not require, and how sellers in York can handle radon without slowing the sale. It is general information, not legal advice. For your own sale, talk with your agent or a Pennsylvania real estate attorney.

The law behind radon disclosure in Pennsylvania

Pennsylvania's seller disclosure rules come from the Real Estate Seller Disclosure Law, found at 68 Pa.C.S. Sections 7301 to 7315. The key parts for radon are:

• Section 7303 says a seller must disclose to the buyer any material defects with the property known to the seller, by completing a property disclosure statement. A signed and dated copy must reach the buyer before the agreement of sale is signed.
• Section 7304 lists the subjects the form must cover. One of them is the "presence of hazardous substances." Radon is addressed under that topic on the standard form.
• Section 7308 says the seller does not have to make any specific investigation to complete the form. But the seller must not make statements they know or have reason to know are false or misleading, and must not fail to disclose a known material defect.
• Section 7311 says a seller who willfully or negligently violates the law can be liable for the buyer's actual damages. A lawsuit must be filed within two years after final settlement.

The form itself is set out by the State Real Estate Commission in its regulations at 49 Pa. Code Section 35.335a, which describes the Seller Property Disclosure Statement. That minimum form names radon as one example in its hazardous substances question. Section 7304 also lets sellers use a form with more detail, and the form recommended by the Pennsylvania Association of Realtors (PAR), which agents commonly use, asks about radon directly.

PA DEP's radon guide for home buyers and sellers sums it up simply: Pennsylvania law calls for the seller to disclose the results of any known radon testing.

What the disclosure form asks about radon

The standard PAR Seller's Property Disclosure Statement has a radon part within its hazardous substances and environmental issues section. In plain terms, it asks whether:

• the property has been tested for radon,
• you know the test results, and
• a radon removal or mitigation system is installed.

If you answer yes to testing, the form asks for the test date and results. Sellers commonly attach copies of test reports and system paperwork so the buyer sees the full picture.

What you must disclose

If you know it, share it. That includes:

• Any radon test results you have, including high results, even if a later test came back lower.
• Any mitigation system in the home, along with who installed it and when, if you know.
• Results from tests done after mitigation, which show the system is working.
• Known problems with a system, such as a fan that stopped running.

A result of 4.0 pCi/L or higher is at or above the EPA action level, so most buyers will treat it as important. If you tested and then installed a system, disclosing both the original result and the passing post-mitigation test is usually the strongest position for a seller.

What you do not have to do

The disclosure law has limits that sellers should understand:

• You do not have to test. Section 7308 says sellers are not required to investigate to fill out the form. A seller who never tested has no radon results to report.
• You do not have to fix high radon. Pennsylvania does not require sellers to install a system. That is a matter for negotiation with the buyer.
• The form is not a warranty. It reflects what you know when you fill it out, and it does not replace the buyer's own inspection.

Still, choosing not to test is not the same as being in the clear. In York County, which sits in EPA Radon Zone 1, most buyers will test during the inspection anyway.

Who is exempt from the disclosure law?

The law applies to most residential transfers, but some are excluded. Section 7302 excludes transfers by a fiduciary while handling an estate, guardianship, conservatorship or trust. It also excludes never-occupied new construction that comes with a written warranty of at least one year, a code inspection and an occupancy or code compliance certificate. Section 7103 of the broader Residential Real Estate Transfers Law excludes other transfers too, such as court-ordered sales, foreclosures, transfers between co-owners, transfers to a spouse or certain relatives, and property that will be torn down or converted to a non-residential use.

Even exempt sellers should talk with an attorney before leaving out a known problem.

What if you learn about radon after filling out the form?

Sometimes a seller completes the disclosure, then a buyer's test comes back high, or the seller learns about an old test. Section 7307 of the law says that if disclosed information becomes inaccurate before final settlement, the seller must notify the buyer. If something changes, tell your agent and update the buyer in writing.

The buyer's own test result is a common example. If a buyer's test is high and the sale falls through, that result is now known to you. Your agent can explain how it should appear on the disclosure for the next buyer.

How York sellers can handle radon well

A high radon result does not have to slow down a sale. Sellers usually do best when they:

1. Test before listing. Use a PA DEP-certified tester. You get a reliable result before buyers do.
2. Fix it on your own schedule. If the result is high, a system usually goes in within a day.
3. Run a clearance test. Test no sooner than 24 hours after the fan starts and within 30 days, per EPA guidance and Pennsylvania testing rules.
4. Disclose everything clearly. List the original result, the system and the passing retest. Attach the reports.
5. Keep the paperwork. System details, certification numbers and guarantees help buyers trust the result.

If a buyer's test comes back high during the contingency, the timing gets tighter. Our guide to getting radon mitigation done before closing walks through the install, the 24-hour wait and the retest so you can still settle on time.

Disclosure and Pennsylvania certification rules

Pennsylvania's Radon Certification Act requires anyone who tests or mitigates radon for others to be certified by the PA DEP Radon Division. When you disclose a test or a system, buyers often ask who did the work. Results from a certified tester and a system installed by a certified mitigator carry more weight than a home kit with no records.

Key takeaways

• Pennsylvania sellers must disclose known material defects, and the standard form asks about radon.
• Share known test results, mitigation systems and any system problems.
• You do not have to test before selling, and you do not have to fix high radon.
• Some transfers, like certain estate and new construction sales, are exempt.
• Testing early, fixing early and disclosing clearly makes for a smoother sale.

Frequently Asked Questions

Do I have to test for radon before selling my house in PA?

No. Pennsylvania law does not require sellers to test. But if you have test results, you must share them on the disclosure form.

Do I have to disclose an old radon test if I installed a system?

Disclose what you know. Sharing the old result along with the system details and a passing post-mitigation test shows the buyer the problem was fixed.

Can a buyer sue over undisclosed radon in Pennsylvania?

Under the disclosure law, a seller who willfully or negligently fails to disclose can be liable for the buyer's actual damages. Talk with an attorney about any specific situation.

Selling a York home with a radon result?

If your test came back high, we can install a system, run the clearance test and give you clean paperwork to attach to your disclosure. Call (717) 356-3035 any time for a same-day callback and a free written quote.