Senate Bill S5112

                                 
BILL NUMBER: S5112

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the real property law, in relation to requiring radon
inspections by sellers on the sale of residential real property

 
SUMMARY OF PROVISIONS:

Section 1. The real property law is amended by adding a new section 2
467 to read as follows:

§ 467. Radon inspection. 1. Effective January first, two thousand twen-
ty-six, every seller of residential real property pursuant to a real
estate purchase contract shall deliver to a buyer or buyer's agent prior
to the signing by the buyer of a binding contract of sale a certificate
that such property has been tested for radon, and provide the report of
such test. The seller shall attach a copy of the certificate containing
the signature of the seller and any report of a test for radon to the
real estate purchase contract.

2. Any provision in a real estate purchase contract or any other docu-
              

ment related to the transfer of title in residential real property that
purports to waive any right created under state or federal law for the
buyer to conduct a risk assessment or inspection of the property to
determine the presence of radon, or any oral agreement that purports to
waive such right, is null and void as against public policy, notwith-
standing that such waivers might otherwise be permitted by federal law.

3. A certificate that such property has been tested for radon shall not
be required in connection with any of the following transfers of resi-
dential real property.

(a) A transfer to a beneficiary of a deed of trust;

(b) A transfer by a fiduciary in the course of the administration of a
decedent's estate, a guardianship, a conservatorship, or a trust;

(c) A transfer from one co-owner to one or more other co-owners;

(d) A transfer made to the transferor's spouse or to one or more persons
in the lineal consanguinity of one or more of the transferors;

(e) A transfer between spouses or former spouses as a result of a decree
of divorce, dissolution of marriage, annulment, or legal separation or
as a result of property settlement, agreement incidental to a decree of
divorce, dissolution of marriage, annulment or legal separation;

(f) A transfer to or from the state, a political subdivision of the
state, or another governmental entity;

(g) A transfer by a sheriff; or

(h) A transfer pursuant to a partition action.

4. Nothing contained in this article is intended to prevent the parties
to a contract of sale from entering into agreements of any kind or
nature with respect to the physical condition of the property to be
sold, including, but not limited to, agreements for the sale of real
property as is". An agent representing a seller of residential real
property as a listing broker, or, if the seller is not represented by an
agent, the agent representing the buyer of residential real property and
dealing with a prospective seller, shall have the duty to timely (in any
event, before the buyer signs a binding contract of sale) inform each
seller of the seller's obligations under this section. An agent repres-
enting a buyer of residential real property, or, if the buyer is not
represented by an agent, the agent representing a seller of residential
real property and dealing with a prospective buyer, shall have the duty
to timely (in any event, before the buyer signs a binding contract of
sale) inform such buyer of the buyer's rights and obligations under this
section. If an agent performs the duties and obligations imposed upon
such agent pursuant to this section, the agent shall have no further
duties under this section and shall not be liable to any party for a
violation of this article. The department of state may, pursuant to
section four hundred forty-one-c of this chapter, revoke or suspend the
license of an agent who violates this section.

 
JUSTIFICATION:

Radon is a radioactive, colorless, odorless gas that is the leading
cause of lung cancer in non-smokers, causing over 20,000 American deaths
a year. Despite the strong recommendations from The New York State
Department of Health and the Environmental Protection Agency to test
homes for radon before selling, there are still no laws regarding the
testing and mitigation of radon in homes.

While Radon Disclosure Laws are implemented, this only requires sellers
to inform buyers of known radon issues, they do require that radon test-
ing be completed. A home inspection includes an assessment of the home's
structure, systems, and exterior, ensuring the safety and quality of a
property. Given radon's health risks, mandatory radon testing should be
added as a criterion to the home inspection process to protect homebuy-
ers and ensure safer living environments.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Yet to be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.