Colorado § 38-35.7-112 Disclosure - elevated radon - rules - definition

Colorado Statutes

§ 38-35.7-112 — Disclosure - elevated radon - rules - definition

Colorado § 38-35.7-112

Title 38Property -

Art.Disclosures Required in Connection with

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Bluebook

Colo. Rev. Stat. § 38-35.7-112 (2026).

Text

(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

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(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.