The Latest

Did you know… that the Montgomery County Council passed a bill that makes radon testing mandatory for single family homes sold in the county?

On Tuesday, November 17, 2015, Montgomery County became the first jurisdiction in the nation to require a radon test for every single family home sold in the County. When the law goes into effect on October 1, 2016, it will require that the living quarters of a single family house (attached or detached, but not a condo or coop) be tested for radon before completing the sale of the home. The seller must perform the test or permit the buyer to perform the test, and the testing kit used must be approved by the Director of the Department of Environmental Protection. The results from a test performed less than 1 year prior to settlement may be used. The results must be provided to both the buyer and seller; and, if the results show a radon level higher than 4 picocuries per liter, an estimate to reduce the level to less than 2 picocuries per liter must be provided.

The following transactions are exempt:

1. Those exempt from transfer tax under MD Tax-Property Code §13-207;
2. A lender or an affiliate or subsidiary of a lender that acquired by foreclosure or deed in lieu;
3. A sheriff’s sale, tax sale, or sale by foreclosure, partition or by court appointed trustee;
4. Transfer by a fiduciary in the course of administering a decedent’s estate, guardianship, conservatorship, or trust; and
5. Transfer of a home to be demolished by buyer or converted to another use.

If you have any questions regarding the radon law, call one of the lawyers listed here.

For more information regarding our Residential Real Estate Settlements Group or our general real estate transactions and litigation practice, please contact the Group Chair at 301-230-6574 or settlements@shulmanrogers.com.

This publication/newsletter is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer.

Residential Real Estate Practice

CONTACT

Matthew D. Alegi 301-230-6574

David M. Kochanski 301-230-5211

Marc D. Lipman 301-231-0953