Section 38-35.7-112 - Disclosure - elevated radon - rules - definition(1) A buyer of residential real property has the right to be informed of whether the property has been tested for elevated levels of radon.(2)(a) Each contract of sale for residential real property must contain the following disclosure in bold-faced type that is clearly legible in substantially the same form as is specified as follows: The Colorado Department of Public Health and Environment strongly recommends that ALL home buyers have an indoor radon test performed before purchasing residential real property and recommends having the radon levels mitigated if elevated radon concentrations are found. Elevated radon concentrations can be reduced by a radon mitigation professional. Residential real 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 nonsmokers and the second leading cause of lung cancer overall. The seller of residential real property is required to provide the buyer with any known information on radon test results of the residential real property.
(b) Each contract of sale for residential real property or seller's property disclosure for residential real property must contain the following disclosures: (I) Any knowledge the seller has of the residential real property's radon concentrations, including the following information:(A) Whether a radon test or tests have been conducted on the residential real property;(B) The most recent records and reports pertaining to radon concentrations within the residential real property;(C) A description of any radon concentrations detected or mitigation or remediation performed; and(D) Information regarding whether a radon mitigation system has been installed in the residential real property; and(II) An electronic or paper copy of the most recent brochure published by the department of public health and environment in accordance with section 25-11-114 (2)(a) that provides advice about radon in real estate transactions.(c) The real estate commission shall promulgate rules requiring:(I) Each contract that is for the purchase and sale of residential real property and that is subject to the real estate commission's jurisdiction to include the statement described in subsection (2)(a) of this section in bold-faced type that is clearly legible in substantially the same form as described in subsection (2)(a) of this section; and(II) Each contract for sale or seller's property disclosure for residential real property to include the disclosures described in subsection (2)(b) of this section, including rules that specify the format and manner for delivery of the brochure.(3) As used in this section: (a) "Real estate commission" means the real estate commission created in section 12-10-206.(b) "Residential real property" includes: (I) A single-family home, manufactured home, mobile home, condominium, apartment, townhome, or duplex; or(II) A home sold by the owner, a financial institution, or the United States department of housing and urban development.Added by 2023 Ch. 356,§ 2, eff. 8/7/2023.2023 Ch. 356, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration in SB 23-206, see section 1 of chapter 356, Session Laws of Colorado 2023.