Radon Testing and Disclosure in NJ Home Sales

The short answer: New Jersey does not require a radon test as a condition of selling a home. If the building has been tested for radon gas or radon progeny, the seller must give the buyer a copy of the results—and evidence of any later mitigation or treatment—when the contract of sale is entered into (N.J.S.A. 26:2D-73; N.J.A.C. 7:28-27.3(b)). A buyer who contracts for testing has the right to receive those results.

This page separates the disclosure duty from common inspection practice. For the broader seller form (including radon checkboxes), start with NJ seller disclosure requirements. For another environmental test that is required before certain closings, see the Private Well Testing Act.

This article summarizes DEP rules and statutes. It is not legal, medical or environmental advice. Parties with elevated results should talk to a New Jersey attorney and a DEP-certified mitigation professional.

Is radon testing required before a NJ home can close?

No statewide statute forces a pre-sale radon test the way the Private Well Testing Act forces private-well water tests. Many buyers still order a short-term radon measurement during the inspection contingency—that is a contract choice, not a DEP closing mandate.

What the law does lock in is disclosure of testing that already happened. Once results exist, they travel with the sale at contract time (N.J.S.A. 26:2D-73).

What must the seller hand over, and when?

Agents should calendar the hand-off for contract day, not closing week. Missing results that already exist is a compliance problem; inventing a duty to create a first-time test is not what the statute says.

Who is allowed to test or mitigate radon in New Jersey?

No business or individual subject to the radon certification rules may test or mitigate radon in New Jersey without DEP certification (N.J.A.C. 7:28-27.3(a)). Applications run through forms available at www.njradon.org (7:28-27.3(e)). Performing testing or mitigation without certification can trigger criminal penalties under N.J.S.A. 26:2D-77 (see 7:28-27.3(f)).

DEP's testing guidelines add a transaction-specific point: a buyer under contract must use a certified professional for the entire test. The buyer is not yet the owner, so the buyer cannot place, retrieve or mail the device. The current homeowner likewise cannot perform any portion of a buyer-ordered test. Real estate agents are precluded from doing those steps on a test contracted by either party (NJDEP Guidelines for Radon Testing in New Jersey).

A common-sense exception in practice is a homeowner testing or mitigating their own home; agents still should not run client tests. Refer questions to the NJDEP Radon Section hotline 1-800-648-0394 or njradon.org (cguide).

How do confidentiality rules interact with a sale?

Radon address and owner information is confidential. Testers and mitigators generally may not disclose the address or owner of a nonpublic building they tested or treated—except to DEP, the Department of Health, or others allowed by rule—unless the owner waives confidentiality in writing (N.J.S.A. 26:2D-73; 7:28-27.3(b)).

A certified business may share results with the owner's legal representative (including an attorney or real estate agent) acting under a written agreement with the owner. A certified individual is not, by themselves, a "legal representative" under the rule (7:28-27.3(c)).

Where does the Seller's Property Condition Disclosure Statement fit?

The DCA Seller's Property Condition Disclosure Statement includes a Radon Gas section that cites N.J.S.A. 26:2D-73, asks whether the owner waives confidentiality, and then asks about prior testing, mitigation efforts and whether remediation equipment is present and working (questions 100–102a on the form). Answering the form truthfully is separate from—and does not replace—the contract-time statutory hand-off of existing reports.

For oil tanks, lead paint and the general disclosure framework, see underground oil tanks in NJ sales, lead-based paint disclosure and seller disclosure law.

What should a new NJ agent actually do?

1. Ask early whether the property has ever been tested or mitigated for radon
2. If yes, collect reports and mitigation evidence for delivery at contract
3. Prefer DEP-certified measurement and mitigation firms for any new testing
4. Do not place, move, retrieve or seal a client-ordered test device
5. Keep answers factual; point technical questions to DEP or a certified company
6. Coordinate elevated-result negotiations with the parties' attorneys—not with informal "mitigation rate" guesses

Environmental disclosure topics also appear on the exam outline. See property disclosures on the NJ exam.

Environmental and disclosure rules are part of NJ pre-licensing. Business Elementary's 75-hour pre-licensing course covers the licensing framework behind them.

Sources

• N.J.S.A. 26:2D-73 (Justia): https://law.justia.com/codes/new-jersey/title-26/section-26-2d-73/
• N.J.A.C. 7:28-27.3 (Cornell LII): https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-7-28-27-3
• NJDEP courtesy PDF, N.J.A.C. 7:28 subchapter 27: https://www.nj.gov/dep/rpp/RPRP_Rules/sub27.pdf
• NJDEP Guidelines for Radon Testing in New Jersey: https://www.nj.gov/dep/rpp/radon/download/cguide.pdf
• DCA Seller's Property Condition Disclosure Statement: https://www.njconsumeraffairs.gov/Documents/Sellers-Property-Condition-Disclosure-Statement.pdf
• NJDEP Radon Section / njradon.org: https://www.njradon.org

Last reviewed: November 6, 2026