Separating a radon disclosure acknowledgment from a testing decision
Learn to distinguish between mandatory Illinois radon disclosures and your independent decision to conduct professional radon testing in residential homes.
The short answer
In Illinois, the Residential Real Property Disclosure Act requires sellers to disclose known material defects, while the Illinois Radon Awareness Act mandates specific disclosures. Signing a disclosure acknowledgment confirms receipt of required radon pamphlets and forms, but this does not replace the necessity of your own independent radon testing decision to evaluate specific indoor safety.
Understanding Statutory Disclosure Obligations
Illinois law requires sellers to provide a written disclosure report for properties with 1 to 4 units before a contract is signed. This includes disclosure of material defects known to the seller.
The Radon Awareness Act specifically mandates that sellers provide an Illinois Disclosure of Information on Radon Hazards form and an IEMA-OHS pamphlet. These are informational requirements, not health guarantees.
Acknowledgment Versus Testing Necessity
Signing an acknowledgment form confirms you have received the required materials regarding radon hazards. It is not a waiver of your right to perform your own investigation.
Sellers are not required to perform specific investigations to complete the disclosure form. Relying solely on seller-provided disclosures may leave unknown conditions unaddressed.
The Role of Licensed Professionals
Under the Radon Industry Licensing Act, any individual providing radon testing for a real estate transaction must be licensed by IEMA-OHS.
Always verify the current license status of any professional you hire. Using non-licensed individuals risks receiving unreliable data that does not meet state protocols.
Illustrative Planning Worksheet
Consider a scenario where a buyer receives the disclosure form but no recent test results. The planning step here is to prioritize a professional test rather than assuming the lack of disclosure implies an absence of radon.
Action Plan: 1. Review the provided IEMA-OHS pamphlet. 2. Request any existing, dated reports from the seller. 3. Engage an IEMA-licensed tester for an independent measurement regardless of the disclosure content.
Checklist
- Confirm receipt of the mandatory IEMA-OHS radon pamphlet.
- Verify the seller has provided the Illinois Disclosure of Information on Radon Hazards form.
- Check if the seller has any previous, documented radon test reports.
- Hire only an IEMA-OHS licensed professional for new radon testing.
- Incorporate a testing contingency window into your purchase contract.
Common questions
Does signing the disclosure form mean the property is radon-safe?
No. The disclosure form only confirms that you have been provided with required hazard information. It does not certify that the property has been tested or is free of radon.
What if the seller claims they have no knowledge of radon?
Sellers are only required to disclose actual knowledge. If they have no knowledge, it does not mean radon levels are low. You must conduct your own licensed test to determine actual conditions.
Sources
- Illinois Residential Real Property Disclosure ActChecked October 12, 2026
- IEMA-OHS — Real estate radon guidanceChecked October 12, 2026
- EPA — Real estate lead-hazard disclosuresChecked October 12, 2026
- FEMA — Flood mapsChecked October 12, 2026
This guide is general educational content from SQFT IO, prepared with AI assistance. It is not legal, tax or loan advice. Talk with a licensed attorney, tax professional or lender about your situation. SQFT IO Illinois license 478.027617.