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Public Act 095-0210


 

Public Act 0210 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0210
 
HB1425 Enrolled LRB095 08963 AJO 29154 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Illinois Radon Awareness Act.
 
    Section 5. Definitions. As used in this Act, unless the
context otherwise requires:
    (a) "Agent" means a licensed real estate "broker" or
"salesperson", as those terms are defined in Section 1-10 of
the Real Estate License Act of 2000, acting on behalf of a
seller or buyer of residential real property.
    (b) "Buyer" means any individual, partnership,
corporation, or trustee entering into an agreement to purchase
any estate or interest in real property.
    (c) "Final settlement" means the time at which the parties
have signed and delivered all papers and consideration to
convey title to the estate or interest in the residential real
property being conveyed.
    (d) "IEMA" means the Illinois Emergency Management Agency
Division of Nuclear Safety.
    (e) "Mitigation" means measures designed to permanently
reduce indoor radon concentrations according to procedures
described in 32 Illinois Administrative Code Part 422.
    (f) "Radon hazard" means exposure to indoor radon
concentrations at or in excess of the United States
Environmental Protection Agency's, or IEMA's recommended Radon
Action Level.
    (g) "Radon test" means a measurement of indoor radon
concentrations in accordance with 32 Illinois Administrative
Code Part 422 for performing radon measurements within the
context of a residential real property transaction.
    (h) "Residential real property" means any estate or
interest in a manufactured housing lot or a parcel of real
property, improved with not less than one nor more than 4
residential dwelling units.
    (i) "Seller" means any individual, partnership,
corporation, or trustee transferring residential real property
in return for consideration.
 
    Section 10. Radon testing and disclosure.
    (a) Except as excluded by Section 20 of this Act, the
seller shall provide to the buyer of any interest in
residential real property the IEMA pamphlet entitled "Radon
Testing Guidelines for Real Estate Transactions" (or an
equivalent pamphlet approved for use by IEMA) and the Illinois
Disclosure of Information on Radon Hazards, which is set forth
in subsection (b) of this Section, stating that the property
may present the potential for exposure to radon before the
buyer is obligated under any contract to purchase residential
real property. Nothing in this Section is intended to or shall
be construed to imply an obligation on the seller to conduct
any radon testing or mitigation activities.
    (b) The following shall be the form of Disclosure of
Information on Radon Hazards to be provided to a buyer of
residential real property as required by this Section:
 
DISCLOSURE OF INFORMATION ON RADON HAZARDS
(For Residential Real Property Sales or Purchases)

 
Radon Warning Statement
 
    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 non-smokers
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 showing elevated levels of radon in the seller's
possession.
 
    The Illinois Emergency Management Agency (IEMA) strongly
recommends ALL homebuyers have an indoor radon test performed
prior to purchase or taking occupancy, and mitigated if
elevated levels are found. Elevated radon concentrations can
easily be reduced by a qualified, licensed radon mitigator.
 
Seller's Disclosure (initial each of the following which
applies)
    (a).......... Elevated radon concentrations (above EPA or
IEMA recommended Radon Action Level) are known to be present
within the dwelling. (Explain)
    (b).......... Seller has provided the purchaser with all
available records and reports pertaining to elevated radon
concentrations within the dwelling.
    (c).......... Seller has no knowledge of elevated radon
concentrations in the dwelling.
    (d).......... Seller has no records or reports pertaining
to elevated radon concentrations within the dwelling.
 
Purchaser's Acknowledgment (initial each of the following
which applies)
    (e).......... Purchaser has received copies of all
information listed above.
    (f).......... Purchaser has received the IEMA approved
Radon Disclosure Pamphlet.
 
Agent's Acknowledgment (initial) (if applicable)
    (g).......... Agent has informed the seller of the seller's
obligations under Illinois law.
 
Certification of Accuracy
The following parties have reviewed the information above and
each party certifies, to the best of his or her knowledge, that
the information he or she provided is true and accurate.
Seller            Date            Seller            Date
Purchaser         Date            Purchaser         Date
Agent             Date            Agent             Date
 
    (c) If any of the disclosures required by this Section
occurs after the buyer has made an offer to purchase the
residential real property, the seller shall complete the
required disclosure activities prior to accepting the buyer's
offer and allow the buyer an opportunity to review the
information and possibly amend the offer.
 
    Section 15. Applicability. This Act shall only apply to
transfers by sale of residential real property.
 
    Section 20. Exclusions. The provisions of this Act do not
apply to the following:
        (1) Transfers pursuant to court order, including, but
    not limited to, transfers ordered by a probate court in
    administration of an estate, transfers between spouses
    resulting from a judgment of dissolution of marriage or
    legal separation, transfers pursuant to an order of
    possession, transfers by a trustee in bankruptcy,
    transfers by eminent domain, and transfers resulting from a
    decree for specific performance.
        (2) Transfers from a mortgagor to a mortgagee by deed
    in lieu of foreclosure or consent judgment, transfer by
    judicial deed issued pursuant to a foreclosure sale to the
    successful bidder or the assignee of a certificate of sale,
    transfer by a collateral assignment of a beneficial
    interest of a land trust, or a transfer by a mortgagee or a
    successor in interest to the mortgagee's secured position
    or a beneficiary under a deed in trust who has acquired the
    real property by deed in lieu of foreclosure, consent
    judgment or judicial deed issued pursuant to a foreclosure
    sale.
        (3) Transfers by a fiduciary in the course of the
    administration of a decedent's estate, guardianship,
    conservatorship, or trust.
        (4) Transfers from one co-owner to one or more other
    co-owners.
        (5) Transfers pursuant to testate or intestate
    succession.
        (6) Transfers made to a spouse, or to a person or
    persons in the lineal line of consanguinity of one or more
    of the sellers.
        (7) Transfers from an entity that has taken title to
    residential real property from a seller for the purpose of
    assisting in the relocation of the seller, so long as the
    entity makes available to all prospective buyers a copy of
    the disclosure form furnished to the entity by the seller.
        (8) Transfers to or from any governmental entity.
 
    Section 99. Effective date. This Act takes effect January
1, 2008.

Effective Date: 1/1/2008