As of today October 1, 2016, a RADON test must be performed before completing the sale of a single family home, including both detached and attached homes in Montgomery County, MD. Condos and coops are excluded from this law.
The seller of a a home in Montgomery County is required to provide the home buyer a copy of a radon test and results performed less than 1 year before settlement or allow the buyer to do a test. However, the law does not provide a resolution of what to do or who will pay to remediate if the radon levels are found to be above the EPA guidelines. If a radon test is not completed as part of a home sale transaction, and radon is discovered, the seller is liable.
Montgomery County, MD is the first jurisdiction in the US to require radon tests for every home in the county. If you would like more information, we are happy to go into more depth about how to best handle this new law.