Buyer Radon Disclosure Form CLE

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Buyer Radon Disclosure Form

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Buyer Radon Disclosure

Summary 6-30-23

1. S.B. 23-206, Radon Disclosure, requires Landlords of residential real estate

provide to a Tenant certain disclosure of matters regarding radon concentration in

the property to be rented by the Tenant. These matters include whether the

Property has been conducted for radon concentration, supplying the current records

and report to the tenant for the radon concentration and whether the Property has a

radon mitigation system installed including a description of the system and

documents regarding the system. Further, the “bold print” radon alert must be

supplied to the Tenant. The radon disclosure and the above information must be

supplied to the Tenant before the lease is entered into. Failure of the Landlord (or

Broker on behalf of the Landlord) to timely supply this information constitutes a

breach of the Warranty of Habitability and allows the Tenant to “void” the Lease.

2. The Colorado Real Estate Brokerage Relationship statute in §12-10-403(4)(b)(V),

C.RS. allows a real estate broker to use a form” issued with the written approval of

the Colorado Bar Association … that specifically designated for use by brokers in

Colorado” (so long as the form is used within any guidelines or conditions

specified by the CBA).

3. The proposed Radon Disclosure form will assist Landlords, Brokers and attorneys

in fulfilling the obligation of providing the disclosure form, information and

documents required by S.B. 23-206. The Bill becomes effective in August, 2023

(90 days after adjournment in May, 2023).

4. Landlord’s Brokers completing the form should complete the Tenant, Landlord,

Property, and Date fields in the form and, in consultation with the Landlord, fill in

the required information for numbered paragraphs 1, 3, and 4.

Summary 6-30-23