Bill > S05112

This bill requires sellers of residential real property to conduct and provide a radon inspection certificate to buyers before signing a binding contract of sale, starting January 1, 2026. The bill mandates that sellers must deliver a certificate proving the property has been tested for radon and attach the test report to the purchase contract. The legislation prevents any contractual waivers that would eliminate a buyer's right to conduct a radon risk assessment and provides several exemptions to the radon testing requirement, including transfers between family members, transfers involving estates or trusts, transfers to governmental entities, and certain court-ordered transfers. Real estate agents representing either the buyer or seller must inform their clients about these obligations before a binding contract is signed, and agents who properly fulfill these duties are protected from liability. The bill aims to increase transparency and awareness of potential radon risks in residential property transactions, with the department of state retaining the power to discipline agents who fail to comply with the new requirements.

Justice

https://www.nysenate.gov/legislation/bills/2025/S5112