47-10-02.2. Disclosure of prior radon test - Immunity from liability - Definitions

47-10-02.2. Disclosure of prior radon test - Immunity from liability - Definitions

1. As used in this section:

a. "Buyer" means a person negotiating or offering to acquire real property for value

or legal or equitable title, or the right to acquire legal or equitable title to

residential real property.

b. "Mitigation" means measures designed to permanently reduce indoor radon

concentrations.

c. "Seller" means a person that owns legal or equitable title to residential real

property.

d. "Test" or "testing" means a measurement of indoor radon concentrations

according to the "National Radon Action Plan 2021-2025", published by the

environmental protection agency.

2. Before executing an agreement to sell or transfer residential real property, except as

otherwise provided in an offer to execute a purchase agreement, a seller shall disclose

in writing to the buyer any knowledge the seller has of radon concentrations in the

property. The seller or seller's agent shall provide the following disclosure statement to

the buyer, and the buyer shall acknowledge its receipt by signing a copy of the

disclosure statement:

RADON GAS IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT,

WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES,

MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT

OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL GUIDELINES

HAVE BEEN FOUND IN BUILDINGS ON RESIDENTIAL REAL PROPERTY IN

NORTH DAKOTA. ADDITIONAL INFORMATION REGARDING RADON AND

RADON TESTING MAY BE OBTAINED FROM YOUR LOCAL PUBLIC HEALTH

UNIT OR THE STATE DEPARTMENT OF ENVIRONMENTAL QUALITY.

3. If the seller has knowledge the property previously has undergone testing for radon

gas and radon progeny, the seller shall provide a copy of test results reasonably

available to or in the seller's possession and evidence of mitigation to the buyer before

executing an agreement to sell or transfer the property. Any test result or evidence of

mitigation furnished under this section does not constitute a promise, warranty, or

representation by the seller or the seller's agent that the test results are accurate or

the mitigation is effective.

4. This section does not create a contingency on the purchase of the property or any

right to rescind a contract for purchase unless the contingency or right to rescind is an

express term of the contract.

5. A seller or seller's agent complying with this section is not liable for any claim or action

based on the presence of radon gas or radon progeny found in the residential real

property subject to disclosure under this section.