|
|||||||
| |||||||
| |||||||
1 | AN ACT concerning civil law.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Illinois Radon Awareness Act. | ||||||
6 | Section 5. Definitions. As used in this Act, unless the | ||||||
7 | context otherwise requires: | ||||||
8 | (a) "Agent" means a licensed real estate "broker" or | ||||||
9 | "salesperson", as those terms are defined in Section 1-10 of | ||||||
10 | the Real Estate License Act of 2000, acting on behalf of a | ||||||
11 | seller or buyer of residential real property. | ||||||
12 | (b) "Buyer" means any individual, partnership, | ||||||
13 | corporation, or trustee entering into an agreement to purchase | ||||||
14 | any estate or interest in real property. | ||||||
15 | (c) "Final settlement" means the time at which the parties | ||||||
16 | have signed and delivered all papers and consideration to | ||||||
17 | convey title to the estate or interest in the residential real | ||||||
18 | property being conveyed. | ||||||
19 | (d) "IEMA" means the Illinois Emergency Management Agency | ||||||
20 | Division of Nuclear Safety. | ||||||
21 | (e) "Mitigation" means measures designed to permanently | ||||||
22 | reduce indoor radon concentrations according to procedures | ||||||
23 | described in 32 Illinois Administrative Code Part 422. |
| |||||||
| |||||||
1 | (f) "Radon hazard" means exposure to indoor radon | ||||||
2 | concentrations at or in excess of the United States | ||||||
3 | Environmental Protection Agency's, or IEMA's recommended Radon | ||||||
4 | Action Level. | ||||||
5 | (g) "Radon test" means a measurement of indoor radon | ||||||
6 | concentrations in accordance with 32 Illinois Administrative | ||||||
7 | Code Part 422 for performing radon measurements within the | ||||||
8 | context of a residential real property transaction. | ||||||
9 | (h) "Residential real property" means any estate or | ||||||
10 | interest in a manufactured housing lot or a parcel of real | ||||||
11 | property, improved with not less than one nor more than 4 | ||||||
12 | residential dwelling units. | ||||||
13 | (i) "Seller" means any individual, partnership, | ||||||
14 | corporation, or trustee transferring residential real property | ||||||
15 | in return for consideration. | ||||||
16 | Section 10. Radon testing and disclosure. | ||||||
17 | (a) Except as excluded by Section 20 of this Act, the | ||||||
18 | seller shall provide to the buyer of any interest in | ||||||
19 | residential real property the IEMA pamphlet entitled "Radon | ||||||
20 | Testing Guidelines for Real Estate Transactions" (or an | ||||||
21 | equivalent pamphlet approved for use by IEMA) and the Illinois | ||||||
22 | Disclosure of Information on Radon Hazards, which is set forth | ||||||
23 | in subsection (b) of this Section, stating that the property | ||||||
24 | may present the potential for exposure to radon before the | ||||||
25 | buyer is obligated under any contract to purchase residential |
| |||||||
| |||||||
1 | real property. Nothing in this Section is intended to or shall | ||||||
2 | be construed to imply an obligation on the seller to conduct | ||||||
3 | any radon testing or mitigation activities. | ||||||
4 | (b) The following shall be the form of Disclosure of | ||||||
5 | Information on Radon Hazards to be provided to a buyer of | ||||||
6 | residential real property as required by this Section: | ||||||
7 | DISCLOSURE OF INFORMATION ON RADON HAZARDS | ||||||
8 | (For Residential Real Property Sales or Purchases) | ||||||
9 | Radon Warning Statement | ||||||
10 | Every buyer of any interest in residential real property is | ||||||
11 | notified that the property may present exposure to dangerous | ||||||
12 | levels of indoor radon gas that may place the occupants at risk | ||||||
13 | of developing radon-induced lung cancer. Radon, a Class-A human | ||||||
14 | carcinogen, is the leading cause of lung cancer in non-smokers | ||||||
15 | and the second leading cause overall. The seller of any | ||||||
16 | interest in residential real property is required to provide | ||||||
17 | the buyer with any information on radon test results of the | ||||||
18 | dwelling showing elevated levels of radon in the seller's | ||||||
19 | possession. | ||||||
20 | The Illinois Emergency Management Agency (IEMA) strongly | ||||||
21 | recommends ALL homebuyers have an indoor radon test performed | ||||||
22 | prior to purchase or taking occupancy, and mitigated if |
| |||||||
| |||||||
1 | elevated levels are found. Elevated radon concentrations can | ||||||
2 | easily be reduced by a qualified, licensed radon mitigator. | ||||||
3 | Seller's Disclosure (initial each of the following which | ||||||
4 | applies) | ||||||
5 | (a).......... Elevated radon concentrations (above EPA or | ||||||
6 | IEMA recommended Radon Action Level) are known to be present | ||||||
7 | within the dwelling. (Explain) | ||||||
8 | (b).......... Seller has provided the purchaser with all | ||||||
9 | available records and reports pertaining to elevated radon | ||||||
10 | concentrations within the dwelling. | ||||||
11 | (c).......... Seller has no knowledge of elevated radon | ||||||
12 | concentrations in the dwelling. | ||||||
13 | (d).......... Seller has no records or reports pertaining | ||||||
14 | to elevated radon concentrations within the dwelling. | ||||||
15 | Purchaser's Acknowledgment (initial each of the following | ||||||
16 | which applies) | ||||||
17 | (e).......... Purchaser has received copies of all | ||||||
18 | information listed above. | ||||||
19 | (f).......... Purchaser has received the IEMA approved | ||||||
20 | Radon Disclosure Pamphlet. | ||||||
21 | Agent's Acknowledgment (initial) (if applicable) | ||||||
22 | (g).......... Agent has informed the seller of the seller's | ||||||
23 | obligations under Illinois law. |
| |||||||
| |||||||
1 | Certification of Accuracy | ||||||
2 | The following parties have reviewed the information above and | ||||||
3 | each party certifies, to the best of his or her knowledge, that | ||||||
4 | the information he or she provided is true and accurate. | ||||||
5 | Seller Date Seller Date | ||||||
6 | Purchaser Date Purchaser Date | ||||||
7 | Agent Date Agent Date | ||||||
8 | (c) If any of the disclosures required by this Section | ||||||
9 | occurs after the buyer has made an offer to purchase the | ||||||
10 | residential real property, the seller shall complete the | ||||||
11 | required disclosure activities prior to accepting the buyer's | ||||||
12 | offer and allow the buyer an opportunity to review the | ||||||
13 | information and possibly amend the offer. | ||||||
14 | Section 15. Applicability. This Act shall only apply to | ||||||
15 | transfers by sale of residential real property. | ||||||
16 | Section 20. Exclusions. The provisions of this Act do not | ||||||
17 | apply to the following: | ||||||
18 | (1) Transfers pursuant to court order, including, but | ||||||
19 | not limited to, transfers ordered by a probate court in | ||||||
20 | administration of an estate, transfers between spouses | ||||||
21 | resulting from a judgment of dissolution of marriage or | ||||||
22 | legal separation, transfers pursuant to an order of |
| |||||||
| |||||||
1 | possession, transfers by a trustee in bankruptcy, | ||||||
2 | transfers by eminent domain, and transfers resulting from a | ||||||
3 | decree for specific performance. | ||||||
4 | (2) Transfers from a mortgagor to a mortgagee by deed | ||||||
5 | in lieu of foreclosure or consent judgment, transfer by | ||||||
6 | judicial deed issued pursuant to a foreclosure sale to the | ||||||
7 | successful bidder or the assignee of a certificate of sale, | ||||||
8 | transfer by a collateral assignment of a beneficial | ||||||
9 | interest of a land trust, or a transfer by a mortgagee or a | ||||||
10 | successor in interest to the mortgagee's secured position | ||||||
11 | or a beneficiary under a deed in trust who has acquired the | ||||||
12 | real property by deed in lieu of foreclosure, consent | ||||||
13 | judgment or judicial deed issued pursuant to a foreclosure | ||||||
14 | sale. | ||||||
15 | (3) Transfers by a fiduciary in the course of the | ||||||
16 | administration of a decedent's estate, guardianship, | ||||||
17 | conservatorship, or trust. | ||||||
18 | (4) Transfers from one co-owner to one or more other | ||||||
19 | co-owners. | ||||||
20 | (5) Transfers pursuant to testate or intestate | ||||||
21 | succession. | ||||||
22 | (6) Transfers made to a spouse, or to a person or | ||||||
23 | persons in the lineal line of consanguinity of one or more | ||||||
24 | of the sellers. | ||||||
25 | (7) Transfers from an entity that has taken title to | ||||||
26 | residential real property from a seller for the purpose of |
| |||||||
| |||||||
1 | assisting in the relocation of the seller, so long as the | ||||||
2 | entity makes available to all prospective buyers a copy of | ||||||
3 | the disclosure form furnished to the entity by the seller. | ||||||
4 | (8) Transfers to or from any governmental entity.
| ||||||
5 | Section 99. Effective date. This Act takes effect January | ||||||
6 | 1, 2008.
|