Short answer
If you tested or treated for radon, New Jersey law lets you keep that information confidential until you and a buyer enter a contract of sale. At that point, the form says you must provide the buyer a copy of the test results and evidence of any mitigation. You can also waive confidentiality in writing.
What the form says the law provides
The state's disclosure form cites N.J.S.A. 26:2D-73 in its radon section. It says a property owner who has had the property tested or treated for radon gas may require that information about the testing and treatment be kept confidential until the owner and a buyer enter into a contract of sale. At that time, a copy of the test results and evidence of any subsequent mitigation or treatment shall be provided to the buyer.
Waiving the confidentiality
The form says owners may waive in writing the right to confidentiality, and it asks the seller to initial a choice. If you waive, you answer further questions. Have you tested for radon, with copies of each report attached if available? Have you treated the property to reduce radon, with evidence attached? Is radon remediation equipment present, and is it in good working order? Answering these upfront can speed up negotiations.
What to keep on file
Hold on to every radon test report, the date, the lab or tester, and any invoice or warranty for mitigation work. If a system is installed, keep the manual and service records. The form asks whether the equipment is working, so confirm it before you complete the form. A buyer is likely to order their own test anyway, so prior results are context, not a final word.
Other health-related questions
The form separately asks about other toxic substances in the environmental section, including whether the property has been tested for lead-based paint, urea-formaldehyde foam insulation or asbestos-containing materials, with reports attached if available. The form also states that the seller must disclose any known material defects even if not addressed on the form. If you learned something about indoor air or hazards from an inspector, mention it.
If you do not waive
Under the form, an owner who answers no to waiving the confidentiality right skips the radon questions and goes to the next section. That choice does not remove the requirement the form cites, which is that test results and evidence of mitigation go to the buyer once the owner and buyer sign a contract of sale. Decide what to initial after talking with your attorney, and keep the reports ready either way.
Radon and a quick sale
A radon result can complicate a retail sale, since buyers sometimes ask for mitigation or credits. Kaizen Home Buyers makes cash offers on New Jersey houses as-is, with no repairs and no agent commission. We can give an offer within 24 hours and close in 14 to 30 days or on the date you choose. Call 267-329-0084. Listing with an agent remains a fair choice if you want to mitigate first and seek a higher price.