Radon Disclosures In Illinois: What Chicago Sellers Must Do

You want a smooth Chicago sale, not last‑minute surprises. Radon disclosures can feel confusing, yet the rules are clear once you know them. In this guide, you’ll learn exactly what Illinois requires, what buyers expect, and the simple steps that keep your deal on track. Let’s dive in.

Illinois radon disclosure rules

Illinois law focuses on information, not mandatory testing. Under the Illinois Radon Awareness Act, you must give buyers two things before they are obligated under a contract:

• The IEMA radon pamphlet for real estate transactions. You can find it on the IEMA radon real estate page.
• The state’s “Disclosure of Information on Radon Hazards” form. The statute provides the form language at the Illinois Radon Awareness Act.

You also need to deliver the separate Residential Real Property Disclosure Report before the buyer signs a contract. Remedies for noncompliance are outlined in the Residential Real Property Disclosure Act.

What the form requires

On the radon disclosure form, you will:

• Initial statements about your knowledge of elevated radon and whether you have any test reports.
• Provide copies of any radon test results in your possession.
• Sign the certification of accuracy; buyers and agents also sign as applicable. The statutory text is at the Illinois Radon Awareness Act.

When to deliver

Timing matters. Provide the pamphlet, the radon disclosure form, and the Residential Real Property Disclosure Report before the buyer is contractually obligated. If you deliver late, buyers may have rights to cancel, and there are legal remedies for knowing violations under the Residential Real Property Disclosure Act. Keep proof of delivery and signed acknowledgements.

Should you test before listing in Chicago?

Testing is not required by law, but it is strongly recommended by public health agencies. IEMA and EPA advise testing, and many sellers test before listing to reduce negotiation friction. Illinois data have shown that a significant share of tested homes report levels above the action threshold, which is why testing is encouraged. The Illinois Department of Public Health notes past summaries where about 41% of Illinois homes tested above 4.0 pCi/L, though results vary by year and dataset (IDPH radon FAQs).

Short‑term tests are commonly used in real estate because they return results quickly. For device types and protocols, see the EPA‑aligned guidance at SOS Radon: testing devices.

Where to get a test kit locally

Cook County offers free or low‑cost kits for suburban Cook County residents, and directs Chicago residents to partner programs. Start here: Cook County radon test kit request.

If your test shows elevated radon

The EPA and IEMA recommend taking action at or above 4.0 pCi/L. Learn more about the action level from the EPA. If a short‑term test comes back high, confirm with a follow‑up test. If elevated levels are confirmed, you can hire a licensed mitigator to evaluate and install a system. Mitigation is not legally required for a sale, but many sellers address it up front or negotiate a credit.

Typical mitigation systems use sub‑slab depressurization. Past guidance cites common installation costs of roughly $800 to $1,200 depending on the home, though costs vary (CDC: radon testing and mitigation basics). To find qualified help, use the IEMA directory of licensed radon professionals.

Timing, contracts, and buyer rights

If you fail to provide the disclosures before the buyer is obligated, the buyer may be able to terminate. A seller who knowingly fails to meet the requirements or makes false statements can be liable for damages, court costs, and possibly attorney fees. Illinois law sets a one‑year limit to bring an action, measured from possession, occupancy, or recording. See the remedies section of the Residential Real Property Disclosure Act.

Step‑by‑step checklist for Chicago sellers

• Gather and provide the IEMA pamphlet and state radon disclosure form before the buyer is obligated. Find resources on the IEMA radon real estate page.
• Complete the radon disclosure form, initial the correct statements, and attach any test results you have.
• Deliver the Residential Real Property Disclosure Report before contract signing. Keep proof of delivery.
• Consider a pre‑listing radon test for smoother negotiations. Use a short‑term test if you need quick results.
• If levels are elevated, confirm with a follow‑up test and consult a licensed mitigator about options.
• Keep a dated file with the pamphlet provided, signed forms, test reports, and any mitigation invoices.
• Coordinate timing so buyers receive everything early, reducing the chance of delays or cancellations.

Common mistakes to avoid

• Waiting to disclose until after contract signing.
• Forgetting to include copies of prior test results.
• Assuming mitigation is mandatory or, conversely, refusing to discuss it when results are high.
• Hiring unlicensed providers for measurement or mitigation.
• Not keeping proof of delivery and signatures.

Ready to sell with confidence?

When you handle radon disclosures early and clearly, buyers feel informed and your deal moves faster. If you want a step‑by‑step plan, market‑ready listing prep, and a smooth process from offer to close, the Geoff Brown Team is here to help.

FAQs

Do Chicago home sellers have to test for radon before selling?

• No. Illinois requires you to provide the IEMA pamphlet, the state radon disclosure form, and any radon test results you have, but it does not require testing or mitigation. See the Illinois Radon Awareness Act.

When must Illinois radon disclosures be given in a home sale?

• Before the buyer is contractually obligated. The Residential Real Property Disclosure Report must also be delivered before contract signing. See timing and remedies in the Residential Real Property Disclosure Act.

What happens if a seller in Illinois skips the radon or property disclosures?

• Buyers may have termination rights. Sellers who knowingly violate requirements or make false statements may be liable for damages and fees, with a one‑year limit to bring an action. Details are in the Residential Real Property Disclosure Act.

What radon level requires action in Illinois home sales?

• EPA and IEMA recommend action at or above 4.0 pCi/L, and consideration between 2.0 and 4.0 pCi/L. Learn more from the EPA action level guidance.

Where can Chicago‑area sellers find radon forms and licensed pros?

• Get the pamphlet and disclosure info on the IEMA radon real estate page and search for licensed providers in the IEMA directory.