Montana · MCA 75-3-606Montana radon disclosure: the statement, past test results and the seller's protection

Montana's Radon Control Act requires a radon disclosure statement on at least one document, form or application executed before or together with an offer to buy inhabitable real property – any real property with a building affixed to land designed to be occupied primarily by people, as a dwelling or a place of business (MCA 75-3-606(1), 75-3-602(2)). The seller or seller's agent provides the statutory statement, which says radon is a naturally occurring radioactive gas that may present health risks over time, that levels above federal guidelines have been found in Montana buildings, and that more information is available from the county or state public health unit; the buyer acknowledges receipt by signing a copy. If the seller knows the building was tested for radon, the seller gives the buyer, before or when entering the contract, a copy of the results and evidence of any later mitigation – which is not a warranty that the results are accurate or the mitigation effective (75-3-606(2)). The section creates no contingency or right to rescind unless the contract says so, and a seller or agent who complies is not liable in any action based on radon in the building (75-3-606(2)–(3)).