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Radon · FL, MN, NDRadon disclosure by state: notices, test results and who must test

None of these states requires the seller to test for radon; they require the seller to tell the buyer. Florida: at least one document signed at or before the contract for any building must carry the statutory radon notice (Fla. Stat. §404.056(5)). Minnesota: before the purchase agreement the seller discloses in writing whether the home was tested, the latest records, levels and any mitigation system, gives the Department of Health booklet and the radon warning statement, and is liable for two years after closing for knowingly failing to disclose (Minn. Stat. §144.496). North Dakota: before the agreement the seller discloses known radon information, gives the statutory radon statement for the buyer to sign and provides prior test results and evidence of mitigation; the rule creates no contingency unless the contract does (N.D. Cent. Code §47-10-02.2).

State by state

  1. Florida (§404.056(5))

    Statutory radon notice on a document signed at or before the sale contract of any building; transient stays of 45 days or less exempt.

  2. Minnesota (§144.496)

    Written disclosure before the agreement: tests, records, levels, mitigation system; MDH booklet and warning statement; 2-year liability.

  3. North Dakota (§47-10-02.2)

    Known radon information, statutory statement signed by the buyer, prior test results and mitigation evidence; no contingency unless in the contract.

What a buyer can do

  • Read the radon notice or disclosure and ask for any past test results.
  • Order a radon test inside the inspection period – no state here requires the seller to test.
  • If levels are high, negotiate mitigation or a credit before the inspection deadline.

What the TC keeps

  • The signed radon notice or disclosure, dated before the contract.
  • Any test results and mitigation records the seller provided.
  • The radon test appointment as a task inside the inspection period.

Questions buyers ask

Does a seller have to test for radon?

Not in Florida, Minnesota or North Dakota; they must disclose what they know and give the required notice or statement.

When is the radon disclosure given?

At or before the contract in Florida, and before the purchase agreement in Minnesota and North Dakota.

Can I cancel over a high radon test?

Only if your contract gives an inspection or radon contingency; North Dakota's statute says it creates none by itself.

Related guides

Track the radon notice and any radon test as tasks with an owner and due date in ClosingCode, inside the inspection period.

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Sources: Fla. Stat. §404.056(5); Minn. Stat. §144.496; N.D. Cent. Code §47-10-02.2 (official statute sites, read October 24–25, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.