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Rainmaker
1,817,491
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Buyer will be in default if they do not proceed .

Feb 12, 2016 07:01 PM
Rainmaker
3,240,957
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Radon tests are not common in my area.   Life and real estate involves negotiation.  

Feb 12, 2016 10:12 PM
Ambassador
1,249,708
Susan Emo
Sotheby's International Realty Canada - Brokerage - Kingston, ON
Kingston and the 1000 Islands Area

I agree with Debbie Gartner in that there is flucuation and winter months can make it spike.  Buyers need to make the decision of buying and retesting or walking away.

Feb 12, 2016 11:30 PM
Rainmaker
729,720
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

If they won't agree to split costs, and buyer wants house, move forward. You could also do a second test. Most radon remediation jobs are under $1000.00. the last one i did was $750.00

Feb 12, 2016 09:17 PM
Rainmaker
558,405
Women of Westchester Working Together
Women of Westchester Working Together - West Harrison, NY
Women helping Women get ahead

Sounds like it's in the buyer's court.  Sellers are not liable at all.  Buyer can remediate after or choose to forfeit deal and deposit if they'd rather live somewhere else.

It seems pretty cut and dry to me.

Also, I believe radon levels indoors tend to be worse in colder months, so I would explain that to them/refer them to sites about this/experts.

Feb 12, 2016 07:41 PM
Rainmaker
797,159
Troy Erickson AZ Realtor (602) 295-6807
Good Company Real Estate www.ChandlerRealEstate.weebly.com - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Michael - I think Candice A. Donofrio has a good answer on this one.

Feb 14, 2016 02:09 PM
Rainmaker
680,424
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

AZ: Presuming that Buyer is in their due diligence period, Buyer can request remediation, Seller can reject that request, if Buyer wants the property they can do it themselves--or be within their rights to cancel. 

If Seller was mine, and Buyer flatly refused to do it themself and would cancel if Seller refused, then I'd advise Seller to weigh the cost against 'starting over'.
If Buyer were mine, I would advise that they address this one way or the other, anything but ignore it. IN WRITING.

Feb 13, 2016 11:38 PM
Rainmaker
315,431
Robert Smith
Preview Properties, PC - http://www.RealEstateMich.com - Brighton, MI
SRES, Search for Homes Brighton-Howell-SE Michigan

Get 3 remediation bids, escrow the average amount and do a long-term test. Short term tests can be affected by weather, time of year, etc.  Doesn't mean the seller will go for it, but I think it's worth a shot.

Feb 13, 2016 08:56 PM
Rainmaker
161,548
James (Jim) Lawson, DBA
DomainRealty.com LLC - Bonita Springs, FL
Broker Associate, RSPS, BPOR, HI & PE

Radon readings in a given building over a period of time can vary depending upon conditions and possible measurement issues. Keep in mind that a home is not a laboratory.

Since 3.9 is very close to the tipping point, I would suggest that my buyer get another radon test from a highly regarded alternative source and compare readings. If the average turns out to require action then the buyer's demand for seller paid remediation has some contractural legs. If the average is below 4.0 then the buyer has bought some peace of mind.

BTW- I know of some folks with readings in the high 3s who mitigated anyway. Here it would be interesting to examine the possible risk reduction payoffs for mitigating down to the midway point in the 0-4 safety zone.           

Feb 13, 2016 04:07 PM
Rainmaker
4,796,551
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I would think that the contract would explain your options on this one.

Feb 13, 2016 02:51 AM
Rainmaker
5,264,119
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

You follow the terms of the contract.

Feb 13, 2016 01:26 AM
Ambassador
3,042,868
Paul S. Henderson, REALTOR®, CRS
RE/MAX Northwest. - Tacoma, WA
Tacoma Washington Agent/Broker & Market Authority!

That is a too little close for comfort

Feb 13, 2016 12:14 AM
Rainmaker
1,505,122
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg IL Real Estate

It's not 4. Release the buyer if they do not want to proceed. I would actually re-test myself to be sure it's ok.  But then .... if it's over 4 then the seller knows (actual knowledge) it should be remediated. Double edged sword here.

 

Feb 12, 2016 10:49 PM
Rainmaker
2,942,077
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of Manchester NH's Leading Agents

Split it 50/50 if buyer wants to buy and seller wants to sell??? then each should give in

Feb 12, 2016 10:21 PM
Rainmaker
3,049,871
Tony and Suzanne Marriott, Associate Brokers
BVO Luxury Group @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

it's up to the Buyer and Seller

Feb 12, 2016 10:20 PM
Rainmaker
4,431,983
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Buyers  will have to pay for it .

Feb 12, 2016 10:05 PM
Rainmaker
1,521,521
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Geneva Financial, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

Find another home if representing the buyer. Hold firm if representing the seller. This is a highly charged issue that needs to be dealt with at the most conservative and prudent level.

Feb 12, 2016 09:41 PM
Rainmaker
3,167,411
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

4.0 is the standard. If the buyer wants it lower than 3.9 it is on his dime!

Feb 12, 2016 09:39 PM
Rainmaker
277,538
Buzz Mackintosh
Mackintosh REALTORS - Frederick, MD
“Experience, reliable, leadership”

If I am the listing agent I will stick up for the Seller and tell the Buyers agent to read the contract. To remediate here is $800 to $1K and 1 in 4 houses will come in high. If the Buyer likes the house it's hard to see them walking away over $800 +/=

Feb 12, 2016 09:19 PM
Rainmaker
211,948
Dennis Swartz
Full Circle Property Management - Columbus, OH
MBA, GRI...experience counts!

Its a sellers market...tell the buyer to go find a perfect house.

Feb 12, 2016 08:15 PM
Rainmaker
552,414
Peter Mohylsky, SoWal Is HOME.
PrimeSouth Properties - Santa Rosa Beach, FL
Let me help you find your path to the beach.

Radon is not present here.  What are the options, I do not have any experience with this?

Feb 12, 2016 07:11 PM
Rainmaker
525,189
Dave Halpern
Keller Williams Realty Louisville East (502) 664-7827 - Louisville, KY
Louisville Short Sale Expert

Ask the buyer if they're willing to walk from house over the radon mitigation system.

Nov 16, 2017 10:47 AM
Rainer
69,288
Shawn and Angela Miller
Berkshire Hathaway HomeServices Amabassador Real Estate - Lincoln, NE
Lincoln and Omaha, NE REALTORS®

This is a tough one, however, it's below the 4.0 recommended mitigation level so I'm not sure the buyers have a leg to stand on.  The recommended  levels have been set and they fall below it.  Not sure about retesting because what if it comes in at 3.8?  You just spent another $100+ and it's close again but no cigar.  Plus, there are so many factors with radon like seasons, weather, how dry or wet the ground is or if the seller left windows open during the 48 hours test.  Also what kind of testing equipment used.  A continuous montior will show you the 15 minute increment measurements.  When I was a license radon measurement specialist I deployed a light, temperature, and humidity datalogger with every radon test to ensure no windows were open during the test.  Any drastic change in those three variables meant something was up.

Apr 15, 2016 01:58 AM
Rainer
222,517
J.R. Schloemer, CRS
Kentucky Select Properties - Louisville, KY

What does the contract say? 

Here, as long as it is within the inspection period timeframe, they are good to exit for any reason and radon would acceptable (as would anything the buyer didn't like after seeing the house again). 

Lots of factors can play into this scenario, so this answer can go on forever, or at least I could go on forever about this response.

Feb 22, 2016 12:04 AM
Rainmaker
111,294
Jeanne Feenick
NextHome Premier - Basking Ridge, NJ
Basking Ridge, Warren, Bridgewater Market Expert

I have had circumstances where even if slightly over, the seller has pushed back to do a retest on his/her dime.

It is tough when it is so close for a buyer to accept - but below is below. 

I would remind the buyer that they can remediate as well if they are concerned.  

Would seem a shame for both parties to lose the deal over this.

Feb 16, 2016 11:21 PM
Rainmaker
31,601
Amelia Robinette
NoVa House and Home - Frankly Realty - Falls Church, VA
Education, Innovation, Service

EDUCATE - the buyer needs more information on what 3.9 means to them personally. Have them look into the EPA guildelines and understand what the ratings mean.

EDUCATE - the buyer and seller need to look at some remediation estimates to fully understand what it take to remediate in this particular property.

 

In my experience it's a matter of $2500 to remediate. Are both parties really going to walk over a couple grand? Data and details can help everyone figure this out.

Feb 15, 2016 08:35 PM
Rainmaker
4,020,293
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

In this case, I usually recommend the amount of remediation be split half and half, and it is usually approved.    If the seller does not agree, buyer can terminate per the inspection clause.

Feb 15, 2016 10:38 AM
Ambassador
933,306
Mike Frazier
Carousel Realty of Dyer County - Dyersburg, TN
Northwest Tennessee Realtor

I am soooooo glad radon is not an issue here in west tennessee. 

Feb 15, 2016 10:34 AM
Rainmaker
221,036
Richard and Jean Murphy
Harborview Properties - Portland, ME
(207) 712-4796

Radon is a hot button with the mitigating companies reaping the benefits. EPA says they "recommend" action if above 4. Our state actually recommends action if above 2 (we actually lost a deal to this stat). They both say no level is safe. 

Specific to your business question, deals should not fall apart for $800 to $1,000, but often do. Sellers should think about being proactive and testing prior to listing. If above 4, they should either mitigate or, at the very least, negotiate a contract with the $1,000 cost in mind.

Feb 15, 2016 05:38 AM
Rainmaker
1,648,677
Lise Howe
Keller Williams Capital Properties - Washington, DC
Assoc. Broker and Attorney Licensed in DC, MD, VA,

e contract will control here . But I would encourage a retest  

Feb 15, 2016 12:15 AM
Rainmaker
998,995
Corinne Guest
Corinne Guest, REALTOR® | Barrington Realty Company - Barrington, IL
Barrington Lifestyles

Just like any other part of inspections, it's not a "force the seller to fix" they can come to an agreement or not. One or the other can withdraw under the inspection contingency period. That said, let's chat about this folks. Sellers need to understand what can happen next contract round and buyers need to realize they have to start over and how that affects theor situation. Generally we can keep them at the table with common sense.

Feb 14, 2016 11:29 PM
Rainer
149,606
Michael Thacker - Re/Max Real Estate Center - Louisville
Re/Max Real Estate Center - The Thacker Group - Louisville, KY
Your best friend who just happens to be a Realtor

Since its the inspection, and since there really isn't anything you have to tell the seller, you could just walk away from the contract I suppose. I wouldn't suggest it to a client, but I guess they could.

Feb 14, 2016 04:30 AM
Ambassador
1,611,744
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Sinve I am not in a radon area I wonder what the cost of remediation is?

Feb 14, 2016 03:54 AM
Ambassador
1,206,709
Amanda Christiansen
Christiansen Group Realty (260)704-0843 - Fort Wayne, IN
Christiansen Group Realty

You negotiate for your buyer, but explain to them that the 3.9 reading is within the "safe" level.  If the seller refuses it does not give the right for the buyer to walk away in our state. 

Feb 13, 2016 11:59 PM
Rainmaker
281,293
Nancy Robinson Ranked #6 in MI
Century 21 Town and Country - Royal Oak, MI
#10 Century21 Realtor in the US, #16 in the World

If this buyer does not buy and the sellers does nothing but sell to another buyer who does not test...

REMEMBER The seller and Sellers Agent will still be responsible for disclosing the test results. Failure to do so could be a law suit of  the worst kind.  (And it could kill someone.)   If you have a person buying a home with a predisposition to cancer a 3.9 is as close to a 4.0 as one can get....

There are some buyers that won't buy a home that close to the action level. What We are talking about here a gas that is the 4th cause of lung cancer in the U.S. Exposure to Radon is also linked to Childhood Leukemia 

A 4.0 reading  means that at some point in the test went higher than 4.0

Feb 13, 2016 10:28 PM
Rainmaker
2,231,885
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Radon. I have seen clients freak out because of radon, maybe suggesting the split the cost?

Feb 13, 2016 07:19 PM
Ambassador
4,298,246
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

TeamCHI - Complete Home Inspections, Inc. it's a small cost for losing a house just on that one! Now if the buyer wants me to spend money on that - I'd say 'NO' for sure.

They should decide on what they want to spend to get the home.

Feb 13, 2016 02:15 PM
Ambassador
3,673,447
Patricia Kennedy
RLAH Real Estate - Washington, DC
Home in the Capital

Well, here the buyer could walk.  So the seller might be right and lose the sale.

Feb 13, 2016 12:53 PM
Ambassador
2,944,876
Margaret Rome, Baltimore Maryland
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Depends on who I was working for! That would make a difference.

Feb 13, 2016 11:42 AM
Ambassador
2,849,864
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

inspections are done in a due diligence period in my state and buyer would walk and have EM returned if seller wouldn't negotiate the item.  But based on costs I'd tell my buyer to make sure he was doing what was long term best for him.

Feb 13, 2016 11:13 AM
Rainmaker
1,523,566
Sybil Campbell
Long and Foster REALTORS® 5234 Monticello Ave Williamsburg, Virginia - Williamsburg, VA
REALTOR® ABR, SFR, SRES Williamsburg, Virginia

I don't know anything about radon gas, but it seems like the seller would be willing to remediate.

Feb 13, 2016 11:11 AM
Rainmaker
323,165
Fred Cope
Reliant Realty in Nashville, TN - Nashville, TN
Looking For Homes With A Smile

Michael, from sellers' perspective, I would think this issue is not going away just because buyer elect to move on.  Th Radon will remain, and every day on the market cost money.  I do not know how close seller is on their numbers, time frame, stress lewvel, etc. BUT I DON'T SEE IT GOING AWAY.  As their agent, I would tell them it is their call, and they are not obligated by this test to negotiate: but a second test with the weather we have been experiencing may be worse.  It is a lot to think about, but working with this buyer is probably their best way out.  Having the assurance that they helped the new owners have an increased sense of comfort is a reward in its own way.  This is not a spitting contest to see who can hit a can six feet away, but a coming to terms on a matter in which each has a vested interest.  At this writing, I strongly suspect decisions have been made on the subject property, but I believe the discussion carries a value beyond today.

Thanks for kicking the rock over so all may see...

Feb 13, 2016 10:29 AM
Rainmaker
1,558,040
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

The home inspection, and its findings, are covered in the CONTRACT between buyer and seller.  The condition of the home is "As Is."  However, there is the inspection contingency which is a provision in the contract.  The terms and conditions of the inspection contingency are found in the contract, and that includes the findings on a home inspection, and buyer repair requests, negoitation of repairs, etc.

What would I do?

I would go over the inspection contingency AGAIN with my buyer client and discuss what it means and what their obligated to do/not do, and the time frames involved.  Then they would need to decide what they wanted to do (make a repair request that Seller remediate, is one possibility), and then document the instructions of my client and proceed from there.

Feb 13, 2016 08:36 AM
Rainmaker
3,066,362
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

It is under 4.0  I would a

tell sellers to hold there ground

 

Feb 13, 2016 04:26 AM
Rainmaker
230,398
Mike Rock
Complete Design - Granite Bay, CA
Granite Bay Luxury New Construction...For Less

throw a beer bottle in the mix and you have a deal.  a line is drawn somewhere. what if it was 3.0 ? buyer still doesnt want it, yet under tolerances..sounds like buyer is sol if they pull out... but thats just me...

Feb 13, 2016 03:37 AM
Rainmaker
982,854
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

The Buyer is barking up the wrong tree. All the wanting in the World won't bring an action to the table in tis situation.

Feb 13, 2016 02:43 AM
Ambassador
4,056,346
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

Retest, or accept the deal as is.

 

Feb 13, 2016 02:38 AM
Rainmaker
724,354
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Interesting - we don't have an "action level", only acceptable guidelines. Maybe you should do another test - radon levels vary depending on barometric pressure. Tough call, even if slightly elevated - health issue.

Feb 12, 2016 11:38 PM
Ambassador
3,981,944
Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

There is nothing magical about the 4.0 number that the government selected under pressure from the public. So 3.9 could be dangerous or not. I would say it is the buyer's call to require it and the seller's call to say no. Repairs are always negotiable. 

Feb 12, 2016 11:27 PM
Rainmaker
1,403,717
Kat Palmiotti
Grand Lux Realty, Monroe NY, 914-419-0270, kat@thehousekat.com - Monroe, NY
The House Kat

If it's under the 4.0 level, there's no need for remediation. The buyers can remediate when they move in if they want to.

Feb 12, 2016 10:55 PM
Rainmaker
1,157,264
FN LN
Toronto, ON

It depends upon who you represent.  In any event, they should be referred to their lawyer.

Feb 12, 2016 10:41 PM
Rainmaker
2,974,333
Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

If I were the seller, I'd hold firm, as well, and if I were representing buyer I'd tell them until it hits 4.0 or more, seller not obligated to do anything. They could always spend money on a second or third test and see if results go above 4.0.

Feb 12, 2016 10:40 PM
Rainmaker
1,366,927
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

TeamCHI - Complete Home Inspections, Inc. Just because 4.0 is the action level, does that mean 3.9 is safer? Not hardly! Any amount of radioactivity is a risk. The buyer doesn't feel safe. They should negotiate a fix.

Feb 12, 2016 10:31 PM
Rainmaker
1,238,442
Raymond E. Camp
Howard Hanna Real Estate Services - Ontario, NY
Licensed Real Estate Salesperson Greater Rochester

Looks like the buyer will have to make a choice to buy and remediate later.

Feb 12, 2016 09:23 PM