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I'm not saying they cheated, but this doesn't look good.

By
Home Inspector with Structure Tech Home Inspections

I don't know how it happened, and I'm not accusing anyone of intentionally doing something that's completely despicable, but it looks like someone intentionally tampered with a radon test.

I recently inspected a home that was being flipped for some young first-time home buyers.  The home had a newly finished basement, and the young couple planned to use one of the basement bedrooms as their master bedroom, so they hired me to do a radon test at the same time.  For the record, radon causes lung cancer.

The radon test was high, so the buyers asked the home flipper to install a radon mitigation  system.  Here's where it starts to get interesting.

Red Flag #1

The flipper refused, and said they wanted to have the radon re-tested.  Why?  I don't know.  There was absolutely no legitimate reason to have the radon re-tested.  We followed EPA protocol for the radon test, using a continuous electronic monitor that we send in for calibration annually.

Red Flag #2

The flipper wanted to have 'their own guy' perform a radon test, using the charcoal canister method.  Why would someone prefer to use an older method of testing?  I don't know.  The electronic monitor gives an hour-by-hour breakdown of the radon levels in the home; the charcoal canister method just gives the final number.   It's far easier to tamper with a charcoal canister than an electronic test.

Red Flag #3

The buyer's agent, who is a great guy that I know and trust, warned the young buyers that this was highly unusual. The buyers really wanted the house, so they agreed to have a second test performed.  They said the test had to be done by me, and the results would be averaged with the first test.  If the average was still high, the seller would need to install a mitigation system.  Here's the unbelievable part: the seller crossed off that part of the purchase agreement addendum and wrote "we'll see when the results come back."

Um... gee... that doesn't sound suspicious or anything.  The buyers went along with it.

So we set another test...

I received the call to do a second radon test on a Wednesday afternoon.  The buyer's agent said we had permission to set the test any time.  I told him we'd try to get it set on Thursday morning, but  someone from my company was able to set the radon test later that same evening.  In other words, we set the test earlier than planned.

Here's the unbelievable part

Open window, photo taken with a mobile phoneWhen I picked up the radon test at 6 pm on Friday, the bedroom window was open.  The window wasn't open when we set the test.  It was below freezing outside, the house was vacant, and the temperature was supposed to drop down to the teens that night.

So why was the window open?

I took a photo of the open window and immediately notified the buyer and their agent that the test was invalid.  I ran the test anyway, just because I was curious about the results.  The radon levels were almost identical to the first test we did, up until the last four hours, when the levels plummeted.  I have no doubt in my mind that that's when the window was opened; there is no other reasonable explanation for the sudden drop in radon levels.  The graph below shows the hour-by-hour breakdown.

Invalid Radon Test

Did someone open the window on purpose, with the idea of coming back early the next day to close the window?  I don't know.  I'm a trusting person who gives people the benefit of the doubt, but I'm having a hard time even entertaining the idea that this was an accident.

What do you think?  What would you do if you were the buyer?

Comments(105)

Reuben Saltzman
Structure Tech Home Inspections - Minneapolis, MN
Delivering the Unbiased Truth.

Kimo - I don't try to police other people's business practices.

Rocky - I say get it fixed.

Ann - I forgot all about Radon Action Month.  I meant to do an extra post on radon this month.  There's always next year :).  I agree with the author's take on radon; if it's not prevalent in your area, why test?

Cynthia - look at it like sports.  When you cheat, you forfeit.

Brad - $.

 

Feb 01, 2012 01:34 PM
Reuben Saltzman
Structure Tech Home Inspections - Minneapolis, MN
Delivering the Unbiased Truth.

Margaret - the mitigation companies in my area say the same thing; sealing cracks does basically nothing.

Lyn - what incentive would the home inspector have to lie?

Alyse - you're right, there's no way to prove this was the seller's doing.  Thankfully the seller will be paying for half the cost of mitigation.

Emilia - thanks for reading.

hinton - please tell me more.

Feb 01, 2012 01:38 PM
Woody Edwards
First Choice Realty, Inc - Chesterfield, VA
A Realtor® Who Answers His Phone!

I liked Ginny's (#3) comments. Reduce the price and let the buyers get the system installed, so they know it is done right!

Feb 01, 2012 02:08 PM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

We don't see the Radon issue around here that much.  If I was the buyer I would run away from this deal.  

Feb 01, 2012 02:18 PM
Marshall Brown
Mid America Inspection Services, LLC - Fargo, ND
BSEE, CHI

The radon mitigation system installed in my daughters home in Lakewood, CO only cost the seller about $1500 on a $190,000 sale. Some people sell out their ethics cheaply.

Feb 01, 2012 03:01 PM
Paddy Deighan MBA JD PhD
http://www.medicalandspaconsulting.com - Vail, CO
Paddy Deighan J.D. Ph.D

HOPEFULLY, THE BUYER WALKED AWAY!!!  If there is a little fraud, there is a lot of fraud!!

Feb 01, 2012 06:48 PM
Reuben Saltzman
Structure Tech Home Inspections - Minneapolis, MN
Delivering the Unbiased Truth.

Woody - yep, that's the best option I think.

Gene - I'm sure they considered that.

Marshall - exactly!  That's the same price I always give an an average for a mitigation system in our area as well.

Paddy - I think they're moving ahead.  They love the house.

Feb 01, 2012 09:45 PM
Clint Mckie
Desert Sun Home, commercial Inspections - Carlsbad, NM
Desert Sun Home, Comm. Inspection 1-575-706-5586

Hello Rueben,

First of all congrats on the Featured post well written indeed.

Looks like there was an intentional, misleading act to lower the levels of the readings.

The sellers probably knew the Radon levels were high to begin with. Why else would they be against getting a reading for Radon?

Good job in noticing the "changes in the space". I would have thought the same thing.

I hope it all works out for you and the buyer.

Best, Clint mcKie

 

Feb 01, 2012 10:53 PM
Reuben Saltzman
Structure Tech Home Inspections - Minneapolis, MN
Delivering the Unbiased Truth.

Hey Clint, thanks.  I was wondering what made the sellers think a second test would be any different...

Feb 01, 2012 11:39 PM
Sylvie Stuart
Realty One Group Mountain Desert 928-600-2765 - Flagstaff, AZ
Home Buying, Home Selling and Investment - Flagsta
Wow, that's really amazing. I don't even know what to say about that story! I'm glad you caught it, otherwise that reading would have been confusing!
Feb 02, 2012 12:31 AM
Pat Rentz
VIP Inspection Services Inc - Cary, NC

Run!  As an inspector you know that the home inspection is not an exhaustive or intrusive inspection.  Since this home was rehabbed and the current owner is acting irresponsibly, you have to wonder what else is hidden in the home structure that won't show up for a few years.  We did an inspection on a house for a buyer - the inspector found a problem with some roof shingles that weren't installed correctly.  The buyer walked away.  About two months later we got the job to inspect the same house for a different buyer.  The inspector reviewed his notes and found that the roof shingles were still not installed correctly and more shingles were slid ontop of them to hide them!  The owner had the bad luck of getting us twice!  anyway, I would be skeptical about the house.  The buyer would probably have trouble with the repair negotiations also.

Feb 02, 2012 01:16 AM
dave bothell
NATIONAL REALTY CENTERS - Westland, MI

i'll bet the investor gets radon test's on the next property he buy's in the area before he closes!! some area's are higher then others in radon! buyers should always run from this kind of flip,what else did the seller cover up! 

Feb 02, 2012 06:17 AM
Jan Green - Scottsdale, AZ
Value Added Service, 602-620-2699 - Scottsdale, AZ
HomeSmart Elite Group, REALTOR®, EcoBroker, GREEN

Tell the buyers to RUN!  Obviously the seller doesn't want to remediate, let alone pay for a system. And to think that systems are much cheaper where you are, than in Arizona.  I paid $4800 for 2 systems in my previous home and was told that up north and on the east coast they would have cost half that!  

Very sad situation when a seller even entertains the idea of lying!

Feb 02, 2012 06:38 AM
Bob Miller
Keller Williams Cornerstone Realty - Ocala, FL
The Ocala Dream Team

Hi Reuben, if I was the buyer's agent I would warn them to run or get a strong disclosure signed by them!

Feb 02, 2012 10:13 PM
Karen Crowson
Coldwell Banker Residential Brokerage - Rancho Bernardo, CA
Your Agent for Change

Reuben, did this property have multiple offers? Are properties moving quick in this area?  We have multiples on a lot of flipped houses, so I can see why buyers would want to push on. BUT, when the ink is dry, and if there are problems, they'll feel a lot differently about the fact that they had to pay for something so glaringly wrong.

 

Feb 03, 2012 01:45 AM
Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

Wow, that is fishy.  Yikes.  The bad thing is, would someone really want to hide something that could cause harm to someone?  You want to give people the benefit of the doubt, but, wow.  Definitely red flags. -Kasey

Feb 03, 2012 05:30 PM
Steven Pahl
Keller Williams Tampa Properties - Tampa, FL
Real Estate Consultant Tampa, FL 813-319-6423

On a house being flipped, if they wanted to cover up something like Radon, I'd be wondering what coreners they cut in other areas of the remodeling.

Feb 05, 2012 10:32 AM
Allyson Hoffman
RE/MAX Properties Northwest - Park Ridge, IL
Making Today's Dreams Tomorrow's Reality!

In Illinois the performance of Radon tests is pretty routine, not so much because of the high prevalence of high radon readings in most homes (about one of three will show some elevated radon), but because Illinois has a radon disclosure law and that flipper/seller would have had to sign that disclosure.  The scenario described here is highly suspect, particularly if it were to have been done here since when the radon tests are set, they are accompanied by instructions that clearly indicate "closed home" conditions which include doors, windows and chimney flues.  If any are open, the test is considered invalid and if they are open when they come to set it up (i.e. a flue which sometimes happens since it is not as readily visible), running the test is delayed till closed conditions are established and confirmed.

Sounds like someone is trying to skate on this.  I agree with the poster who said if the flipper tried to avoid this, what else is "hidden" in the reno that does not comply?  I'd be VERY careful with this one!  Looks can be deceptive and that might well be the case here.

Feb 12, 2012 05:43 AM
Anonymous
Amanda

Stumbled across this old thread.  We are in the process of closing on our first home.   We had a radon test performed and showed up the next morning for our inspection..EVERY WINDOW OF THE HOUSE WAS OPEN.   At first we were furious because it had stormed the night before and were worried about the hardwoods. Then we found out the seller was cheating the test.  Right there on the kitchen counter was a sign that said to keep all windows closed,etc.  So strange to me as I know the seller is a very wealthy lawyer who was only using the home as her law office and is selling because she set up another office downtown.  Our inspector found nothing else wrong, he did find a Mitigation system that was not working.  So this women would rather have us living in danger than spend a couple hundred on fixing the fan on the ALREADY installed system.  Anyways, they retested and I staked out the house and it came back at 5.8. We're having her pay to fix it. The closing table will be so awkward and I'm furious!!!

Apr 28, 2012 06:42 AM
#104
Matt Robinson
Professional Investors Guild - Pensacola, FL
www.professionalinvestorsguild.com

Unbelievable.  I'm a flipper, and this stuff just makes me cringe, because it's stories like this that gives our industry a bad name.  The problem with most fix and flip guys is that they don't know what they're doing and overpay for homes or repairs (or both) and so they have to either a.) overprice it or b.) hope nobody notices all the places they cut corners in order to sell it at market value and still make a profit.

I would advise the buyers to RUNNNNNNN!!!!

Sep 28, 2012 03:05 AM