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Minnesota · Stat. §144.496Minnesota radon disclosure: tests, levels, mitigation – before signing

Before signing an agreement to sell residential real property, a Minnesota seller must disclose in writing what the seller knows about radon in the home: whether it has been tested, the most current records and reports, radon levels and any mitigation, and details of an installed mitigation system, together with the statutory Radon Warning Statement (Minn. Stat. §144.496 subd. 3–4). The seller also hands over the Department of Health publication "Radon in Real Estate Transactions". Delivering it to the buyer's agent counts as delivery to the buyer. A seller who fails to disclose while aware of material radon facts is liable; the buyer has two years after closing to sue, and the sale itself stays valid.

What the seller must give, and when

  1. When

    Before signing the agreement to sell or transfer (subd. 3(a)).

  2. What

    Tests done, current records and reports, levels, mitigation or remediation, mitigation system details (subd. 3(a)(1)–(4)).

  3. Warning and booklet

    The Radon Warning Statement and the MDH publication "Radon in Real Estate Transactions" (subd. 3(a)(5), (b), 4).

  4. Delivery

    Giving it to the buyer's agent counts; the agent must pass a copy on (subd. 3(e)).

  5. Liability

    Seller aware of material facts who fails to disclose is liable; suit within 2 years after closing (subd. 5).

Good to know

  • Applies to single-family homes, including units in common interest communities (subd. 2(e)).
  • Not required for, among others, gifts, court-ordered transfers, foreclosures, transfers to heirs, between co-owners or to close family (subd. 3(d)).
  • The disclosure does not require the seller to test; the warning recommends that buyers test before purchase.

What the TC keeps in the file

  • The signed disclosure, dated before the purchase agreement was signed.
  • Proof the buyer – or the buyer's agent – received it.
  • Any report or certificate the statute requires to travel with it.

Questions buyers and sellers ask

Does a Minnesota seller have to test for radon?

No. The seller must disclose what it knows, give the warning statement and the MDH booklet; testing is recommended to buyers.

When must the radon disclosure be given in Minnesota?

Before the seller signs the agreement to sell (Minn. Stat. §144.496 subd. 3(a)).

What if the seller hid radon information?

A seller aware of material radon facts who did not disclose is liable; the buyer must sue within two years after closing.

Related guides

Track each Minnesota disclosure as a task with an owner and due date in ClosingCode – due before the purchase agreement – with the signed copy attached to the deal.

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Source: Minnesota Statutes §144.496 (revisor.mn.gov, read October 25, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.