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Key Takeaways

  • Kansas licensees must disclose known environmental hazards affecting property
  • Common environmental concerns include lead-based paint, radon, asbestos, and underground storage tanks
  • Lead-based paint disclosure is required for homes built before 1978
  • Radon is a significant concern in Kansas due to geological conditions
  • Licensees are not required to be environmental experts but must disclose known issues
Last updated: January 2026

Kansas Environmental Issues

Environmental hazards can significantly impact property value and occupant health. Kansas real estate licensees must understand and properly disclose environmental issues.

Lead-Based Paint

Federal Disclosure Requirements

For homes built before 1978:

RequirementDetails
Disclosure formSeller must complete and sign
EPA pamphlet"Protect Your Family From Lead"
Known informationDisclose any known lead hazards
RecordsProvide any lead test results
10-day periodBuyer has 10 days to conduct testing

Exemptions from Lead Disclosure

ExemptNot Exempt
Post-1978 constructionPre-1978 homes
0-bedroom units1+ bedroom units
Short-term rentals (< 100 days)Long-term rentals
Housing for elderly (no children)Family housing
Foreclosure salesMost residential sales

Licensee Responsibilities

DutyDescription
Ensure disclosure completedVerify seller signs form
Provide pamphletGive EPA brochure to buyer
Include in contractLead disclosure in transaction
Retain recordsKeep for 3 years

Radon

What is Radon?

FactDetails
DefinitionRadioactive gas from soil
EntryThrough cracks, gaps in foundation
Health riskSecond leading cause of lung cancer
Kansas riskElevated levels common in many areas

Radon in Kansas

RegionRisk Level
Northeast KansasModerate to high
Central KansasModerate
Western KansasVaries

Disclosure Requirements

RequirementDetails
Known radonMust be disclosed
Test resultsShare with buyers
MitigationDisclose if system installed
No testing requirementSellers not required to test

Asbestos

What is Asbestos?

FactDetails
DefinitionFibrous mineral used in building materials
Common locationsInsulation, floor tiles, siding, pipe wrap
Health riskLung disease, cancer
Age of concernPre-1980 construction

Disclosure Requirements

RequirementDetails
Known asbestosMust be disclosed
ConditionNote if friable (crumbling)
AbatementDisclose if removed or contained

Underground Storage Tanks

UST Concerns

IssueImpact
Leaking tanksSoil and water contamination
Cleanup costsCan be very expensive
LiabilityMay transfer with property
DisclosureRequired if known

What to Disclose

Known IssueDisclosure Required
Tank locationYes
Tank conditionYes
Leaks or contaminationYes
Cleanup statusYes
Regulatory complianceYes

Wetlands and Flood Zones

Wetlands

IssueDetails
ProtectionFederal wetlands protected
DevelopmentMay be restricted
PermitsRequired for impacts
DisclosureMaterial fact

Flood Zones

RequirementDetails
FEMA mapsCheck flood zone status
DisclosureRequired if in flood zone
InsuranceMay be required by lender
HistoryDisclose past flooding

Licensee Responsibilities

What Licensees Must Do

DutyDescription
Disclose known hazardsShare information you have
Recommend testingSuggest professional inspection
Don't misrepresentNever minimize known issues
Stay informedKnow common local hazards

What Licensees Don't Have to Do

Not RequiredExplanation
Be an expertNot required to have technical knowledge
Conduct testingNot required to test for hazards
Guarantee safetyCannot warrant environmental condition
Know everythingOnly disclose what is known
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Kansas Environmental Disclosure Requirements
Test Your Knowledge

Lead-based paint disclosure is required for homes built before what year?

A
B
C
D
Test Your Knowledge

Is a Kansas licensee required to test a property for radon?

A
B
C
D
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