Most states leave radon to the inspection checklist. Kansas wrote it into the contract. Since July 2009, K.S.A. 58-3078a has required every residential sales contract in Kansas to carry a radon notice — so in every Topeka closing, radon is on the table before anyone raises it.
The statutory notice does three things: identifies radon as a Class-A carcinogen and the second-leading cause of lung cancer; recommends the buyer have the home tested by a radon measurement technician before purchase; and states the disclosure rule in plain terms — Kansas law requires sellers to disclose any information known to the seller showing elevated radon concentrations in the property. It points readers to kansasradonprogram.org for more.
It requires the notice, and it requires disclosure of known elevated results. It does not require testing, doesn’t require mitigation at any level, and doesn’t create a separate state disclosure form — the contract clause is the instrument. A seller who has never tested can truthfully have nothing to disclose. In a state where about 1 in 4 homes runs high, “nothing known” is not the same as “nothing there.”
The Kansas Radon Program has published the numbers: about a third of sold homes get tested during the transaction; about 30% of those test high; and the ones that test high get mitigation systems — with Kansas mitigated homes averaging a drop from roughly 9 pCi/L to 1.2. Radon in a Kansas sale is a routine, solved negotiation, not a crisis. The homes at real risk are the two-thirds that never get tested at all.
Buyers: contingency, certified tester, scheduled on day one of the window (48-hour minimum test, tight timelines). A 4.0+ result negotiates like any repair: seller installs with a verified retest, or credits the typical $800–$2,500. Sellers: test before listing — a low number answers the contract’s own question in writing; a high number you fix on your schedule and market as a feature. The one closed door is silence about known results: that’s the statute. More on our home-sales page.
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Radon information on this site is general guidance, not a substitute for professional testing of your specific home. Topeka Radon Mitigation is a referral service and does not itself perform radon measurement or mitigation.