Estates and Montgomery County Maryland Radon Testing Law

In this video Deirdre P Brown answers the question of whether a seller that is selling a property thru an estate is exempt from the Montgomery County Maryland radon testing law.


Hello this is Deirdre  Brown your settlement agent serving Maryland, DC and Virginia. Today I want to answer a question that was presented to me on my website close with dee dot com. 

An agent wrote to me and said that she was listing a property and she wasn't sure if the seller was exempt from the Montgomery County radon testing law. The seller is an estate and she wanted to know if the seller was exempt. The answer is yes. 

There are a couple of exemptions listed for sellers who do not have to comply with this radon testing law and one of them is that if  the seller is an estate. If you're selling through a foreclosure sale or short sale or tax sale, if you're selling through  a conservatorship or guardianship or if you are selling through a process where there is no transfer taxes, normally means you're transferring over to a relative, in these cases you do not have to comply with the Montgomery County radon testing law.

So does that mean the buyer can't request the radon testing contingency in their contract? The buyer can have the contingency, but the  seller does not have to have conduct the testing before settlement.

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