Radon Gas Disclosure: in Florida Real Estate

Definition: The mandatory disclosure required in all Florida real estate contracts informing the buyer or tenant that radon gas may be present in the building and that radon testing is recommended. Florida law requires specific disclosure language.

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Radon in Florida Real Estate Transactions

FL radon in RE: disclosure required (Section 404.056(5)), buyer tests during inspection, negotiate if >4 pCi/L. Mitigation: sub-slab depressurization, relatively inexpensive, 80-99% effective. New construction: passive radon-resistant features (FL Building Code). Who pays: negotiable (seller, buyer, shared, or price adjustment). Buyer has leverage via inspection contingency.

Transaction Impact

Mitigation

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Barnes Walker’s attorneys handle radon issues in FL transactions. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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