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Radon in an upper unit what can you do?

By
Managing Real Estate Broker with Alpine Lakes Real Estate Inc., NHRE# 02863

I had a person walk in my office off the street and pose a question yesterday. She had a contract on a Garden style condo which is a second floor unit, and it tested high for Radon. The association told her "sorry there has never been a problem there before". Well if the second floor was high what do you think the unit below is going to come in at. The problem is I'm sure the guy down stairs never tested, and since this woman isn't an owner yet does the association want to start something, when this buyer may never close. #2 Shouldn't they re-test and alert the other owners for a possible building mitigation system (rather than several small ones). This is an issue that installer love to see and associations hate to get involved in. Any thoughts out there?

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                                                                                                                                                                              Your-White Mountain New Hampshire real Estate Expert

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Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

Personally, I would be concerned about the buyer buying if the association is not going to test the units and address the problem.  Perhaps, it would be good to contact the president of the association as well as the management company.  If the association is not going to address the problem, then the buyer may want to move on.  I would be worried about liability of the association because it now has knowledge and is not addressing the problem -- or, if it does, will this trigger a special assessment and if so, how much.

Mar 30, 2008 01:59 AM
Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker
Retest before starting the commotion to make sure there is a Radon problem.
Mar 30, 2008 02:01 AM
Karen Rice Keller Williams Real Est
Keller Williams Real Estate - Hawley, PA
Northeast PA & Lake Wallenpaupack Home Sales

Perhaps a second test is in order?  The first test, presumably, was not performed by someone who also happens to sell the radon mitigation equipment also...hopefully?

That said, I would proceed with caution in this association if they are unwilling to address this problem, and if I were that buyer, I'd knock on the neighbor's door after the second test and tell him... 

Mar 30, 2008 02:08 AM
John MacArthur
Century 21 Redwood - Washington, DC
Licensed Maryland/DC Realtor, Metro DC Homes

And after all the tests are done......do some research. You should understand the beast. Radon, the evil invisible gas that exists throughout the world in different levels. Radon, dangerous in the US at 40 pico liters and in Canada at 40 pico liters and in other areas of the world at 400 pico liters. Radon, the new danger in homes.

Radon that is a gas build up. Radon that is mitigated by holes and fans and pipes through the roof or by opening a window once a week. Radon that may be linked to increased risk of certain cancers. Radon, the new gold mine of Radon mitigation specialists. You know them. The same people brought you the dangers of mold. The same people that overlook mentioning that mold exists everywhere. The same people that use slick one sheets covered with fear.

I have no doubt Radon exists. I am a little skeptical that it can be found on the second floor of any building unless the ground floor is sealed tighter than a drum. I would have another firm do the test.

If the levels on the second level were above the "dart board selected" number of 4 pico liters, well I might suggest the unit is a great investment opportunity for scientific research.

I am reminded of all the lead paint war stories. The sanding and stripping and re-painting and efforts that some go through. None stop to think....don't eat the paint. Strange, so many would rather spend hundreds of dollars than use common sense.

Radon tests are like I.Q. tests. You may have quantitative results but there is much diversity in the opinion of those results.

Mar 30, 2008 02:14 AM
Kenneth Cole
Weichert Realtors Appleseed Group, 2043 Richmond Ave. S.I.N.Y. 10314. office phone 718-698-9797, Appleseedhomes.com... - Staten Island, NY
NYS Licensed Real Estate Salesperson
Joan and Karen and Andrew.  Excellent response and post.  I would think that there would be some liability on the part of the association and would not only contact all parties above but also the council to this association.  Forget about the money involved here, we are talking about peoples health.  Please keep me posted.
Mar 30, 2008 02:20 AM
Brian Schulman
Coldwell Banker Residential Brokerage, Lancaster PA - Lancaster, PA
Lancaster County PA RealEstate Expert 717-951-5552
Bear in mind that if the other condo owners test their units, they will have to either mitigate their own units or disclose any reported radon level to all future buyers.
Mar 30, 2008 02:20 AM
Patricia Murray
Premiere Plus Realty Co. - Naples, FL

Good Morning-

When I had my first inspection test positive for radon, I was a bit panicky thinking this would be an issue closing, high costs to fix, etc...  It wasn't -- there are specialist that come in and just work the venilation system to where is can test in positive numbers to pass inspection --- making the sale easy to close, not a lot of $ (think it was like 120$ - which I know can be a bit more or less-- but never the less, not high cost)-- and all was set. 

I would just have the owner fix - repair and go to the lower unit neighbor and let them know what you found and what you did about it. I would let the hoa know - in writing what was found and what was done about it and the cost ---- I would advise them to pass on the knowledge to the owners in the complex  - let them know who they can call and what they could do about it. That would keep them legal as far as any disclosures for the future. The condo's I found it in.... the hoa was not liable for it, since they were run professionally - not the builder any more. The more open the information - the better for all legally and for their health.   

Mar 30, 2008 02:25 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Joan

Great Advice I'm a professional on the outside looking in,(and can't make any direct waves) The buyer is under contract with another agent and posed this question to me , I said Talk to the association and ask for something in writing before your inspection period runs out.  Steve

Mar 30, 2008 02:27 AM
Christopher Bonta
The Bean Group - Londonderry, NH
Realtor, Integrity and Honesty

One issue not addressed and it caught my eye the minute eye finished reading the 2nd sentence and it is this, does that Buyer who walked in your door have an Agent already?

If this Buyer is working with someone on purchasing this condo, you had better steer clear of her, since the other Agent may claim that you are interfering with the deal. If they are not working with someone then by all means get involved (get an Agency contract yourself), then on their behalf contact the management company etc., and get another radon test done etc.

 

Mar 30, 2008 02:27 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH
Andrew & Karen, My feelings exactly- Re-test and let the lower level owner know , It could be the seller upstairs would pay at least some of the mitigation cost and the lower level owner would benefit (and lower his and everyone in the buildings risk of lung cancer).. Thanks good advice..Steve
Mar 30, 2008 02:30 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

John MacArthur

Well that answer was longer than My post , but great info I have had test come in over 65 pci/L in New Hampshire the Granite state has of course the right type of sub-strata for the decaying material to increase the likely hood of issues here, and it is in fact a gold mine for mitigation specialist $ to be made!

Thanks again I'm sure My readers will get a lot from your answers Steve

Mar 30, 2008 02:35 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Kenneth

Thank you that is the issue at hand, the health of the owners!!, one issue that needs to be looked at is the condo complex is a second home resort, and there is not a lot of air exchange (doors & windows being opened and closed) during any given week in the winter-time, still I would want a system or walk from the deal on the inspection clause. thanks again Steve

Mar 30, 2008 02:39 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Brian

Good point, I think a "whole building system" may look better and be a shared cost that people can "LIVE" with.. Steve

Mar 30, 2008 02:42 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Patricia

The condo complex was built in the late 80's and wouldn't have an air exchange system built-in so the buyer/ seller and existing owners are going to have to consider the more expensive route. Much better systems in place in new construction these days, we have taken to putting a perforated pipe under the slab with a capped pvc pipe in a closet (in case the place needs a system) during construction these days. Thanks for your thoughts..Steve

Mar 30, 2008 04:12 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Christopher

Right you are, I told this women to talk to the association, inspector, and her agent for advice and that I couldn't interfere with her contract in any way.. but it did cause me to think about this question as a Blog and so far I have gotten some great response. Thanks for yours it is as important as any of the technical answers people have given so far..Steve

Mar 30, 2008 04:17 AM
Christopher Bonta
The Bean Group - Londonderry, NH
Realtor, Integrity and Honesty
Steve, I just wanted to make sure you were CYOA! we need to be safe as Realtors, ya never know how someone else is going to react and you are also correct that does make a great post.
Mar 30, 2008 05:18 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH
Covered it is my Friend, and thanks for the heads up!, these are plenty of agents that would offer advice that could be back tracked to them as interference and who needs that type of back lash, that is when free advice becomes expensive. thanks again: Steve
Mar 30, 2008 06:34 AM