Information and disclosures concerning radon.
SB 399 amends Indiana’s real estate brokerage duties statute to add a specific radon disclosure requirement for residential property transfers. Before a seller signs a purchase agreement, a licensee representing the seller must ensure the seller gives the buyer a written radon warning statement, discloses any known radon concentrations in the dwelling, and provides an Indiana Department of Health guide on radon testing and mitigation. The bill also requires the buyer to acknowledge receipt of these materials by signature.
The disclosure obligation applies broadly to transfers of residential real estate, including sales, exchanges, deeds, contracts for deed, and lease-with-option-to-purchase arrangements. The bill specifies the information that must be disclosed if known, including prior radon tests, current reports, mitigation or remediation history, and details about any installed mitigation system. It also clarifies that the existing duties of a seller’s agent to disclose adverse material facts remain in place, while preserving the general rule that the agent owes no duty to the buyer beyond honesty and avoiding knowingly false statements.
If enacted, the bill would amend IC 25-34.1-10-10 and expand the statutory disclosure obligations of real estate licensees representing sellers in Indiana. It would not create a general duty for agents to inspect for radon, but it would require them to ensure the seller provides the mandated warning and known radon information before a residential transfer proceeds. The bill is set to take effect July 1, 2025.
The available context shows little recorded debate or voting activity, so there is no documented committee sentiment or floor vote to gauge. Based on the bill text, the measure appears consumer-protective and public-health oriented, with an emphasis on informing homebuyers about a known environmental health risk. Any likely concern would center on added disclosure burdens for sellers and brokers, but no specific opposition is reflected in the provided materials.
Overall, the bill’s main policy effect is to formalize radon disclosure in residential real estate transactions and to standardize the information buyers receive about testing and mitigation. It reinforces existing real estate disclosure law while adding a targeted health-related notice requirement tied to home sales and similar transfers.
SB 399 would amend Indiana Code § 25-34.1-10-10 to impose a new mandatory radon disclosure process in residential real estate transactions. Real estate licensees representing sellers would have to ensure the seller provides a written warning, discloses known radon-related information, and supplies an Indiana Department of Health radon guide, with buyer acknowledgment required. The bill expands disclosure duties for sellers and their agents but does not require independent testing or inspection by the agent.
The provided record contains no committee transcript or vote history, so there is no direct evidence of legislative debate or partisan sentiment. On its face, the bill is framed as a consumer protection and public health measure aimed at informing buyers about radon exposure risks, which suggests generally favorable policy intent. No formal opposition or amendment activity is shown in the materials provided.
The bill’s likely points of contention are the added compliance obligations for sellers and real estate brokers, especially the requirement to provide specific written disclosures before a purchase agreement is signed. Another possible issue is the breadth of the disclosure requirement, which applies to multiple forms of residential transfers and requires disclosure of any known radon history, mitigation, or system documentation. However, the supplied materials do not include recorded objections, so any contention is inferred from the bill’s structure rather than documented debate.