HF 1649

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to commerce; real estate; regulating brokers 
  1.3             and salespersons; requiring certain radon testing 
  1.4             disclosures in connection with the sale of residential 
  1.5             real property; amending Minnesota Statutes 1994, 
  1.6             section 82.19, by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 82.19, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 10.  [RADON TESTING AND DISCLOSURE.] No real estate 
  1.11  broker or salesperson licensed under this chapter shall, with 
  1.12  respect to residential real property, do any of the following: 
  1.13     (1) show property to a prospective purchaser without first 
  1.14  providing to the prospective purchaser a written statement, 
  1.15  prescribed by the commissioner, describing the health hazards of 
  1.16  excessive radon levels in residential property, the types of 
  1.17  radon tests available and their reliability, and the remedial 
  1.18  measures necessary to reduce excessive radon levels.  This 
  1.19  clause does not apply if the prospective purchaser states that 
  1.20  the prospective purchaser has within the preceding 12 months 
  1.21  received the written statement from the same or another real 
  1.22  estate broker or real estate salesperson; 
  1.23     (2) enter into a listing agreement without first providing 
  1.24  the prospective seller with the written statement required under 
  1.25  clause (1); 
  1.26     (3) obtain from sellers or show or provide to prospective 
  2.1   purchasers any written disclosure by a seller relating to the 
  2.2   condition of the property, unless the disclosure includes the 
  2.3   following information, based upon the seller's knowledge: 
  2.4      (i) whether the property has been tested for radon; 
  2.5      (ii) the type of each radon test used; 
  2.6      (iii) the result of each test and whether a copy of each 
  2.7   test result is available from the seller; and 
  2.8      (iv) the corrective actions, if any, taken as a result of 
  2.9   each test; 
  2.10     (4) provide to a prospective purchaser or to another real 
  2.11  estate broker or salesperson a listing sheet or other written 
  2.12  description of the characteristics of property listed for sale, 
  2.13  unless the listing sheet or other written description states 
  2.14  whether a radon test has been conducted on the property.  This 
  2.15  clause applies to a description contained on a videotape, 
  2.16  computer disk, electronic medium, or similar information storage 
  2.17  medium.  This clause does not apply to an advertisement placed 
  2.18  in a newspaper, magazine, or other publication; or 
  2.19     (5) provide to a seller or to a prospective purchaser a 
  2.20  purchase agreement form that does not include a required 
  2.21  provision indicating whether the seller has provided to the 
  2.22  purchaser the results of a radon test of the property and 
  2.23  whether the purchase agreement is contingent upon completion of 
  2.24  a radon test.