Estates and Montgomery County Maryland Radon Testing Law

This is Deirdre Brown your settlement agent, serving the District of Columbia, Maryland and Virginia. Today I want to answer a question that was presented to me by a Realtor. A Realtor is listing a property and she wasn’t sure if the seller was exempt from the Montgomery County Maryland 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 few exemptions for sellers who do not have to comply with the Montgomery County Maryland radon testing law and one of them is that the seller is an estate. If you are selling through a foreclosure sale, short sale, or tax sale, if you’re selling through  a conservatorship or guardianship or if you are selling through a process where there are no transfer taxes, this normally means you’re transferring 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 conduct the testing before settlement. 

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