Buyer and seller guide

Separate the notice, the test and the negotiation.

05

Florida’s statutory radon notice is general information. Only a measurement answers the question for the building.

Statutory notice

The required paragraph is not evidence of a test.

Florida Statutes § 404.056(5) requires specified notification language on at least one document at or before a contract for sale and purchase of a building or execution of a building rental agreement, with a limited transient-occupancy exception. The notice says radon may accumulate and that elevated levels have been found in Florida buildings. It does not say this property was measured or state a result.

Read the current statutory language

Time-sensitive testing

Use a method built for transaction constraints.

EPA’s real-estate guide describes three short-term options when results are needed quickly: two passive devices used simultaneously, two identical passive devices used sequentially, or an active continuous monitor for at least 48 hours. Interference prevention or detection is part of the process.

Florida certification rules apply when someone charges for measurement, analysis or interpretation. The contract, lender, insurer or parties may add requirements. Confirm the accepted method before the inspection period runs.

EPA Home Buyer’s and Seller’s Guide to Radon

Existing information

An earlier report can be useful without settling today’s decision.

Review the device, location, dates, conditions, result, provider certification and any mitigation records. EPA notes that a buyer may ask for a new test when a prior test is not recent, conditions were not met, the home changed or the buyer plans to occupy a lower level than the one tested.

Contract decision

Keep measurement and negotiation separate.

A result informs the parties; it does not dictate contract remedies. Timing, access, repair responsibilities, retesting and closing terms are legal and contractual questions. Use qualified real-estate and legal professionals for advice about a specific transaction.