buying a home with high radon, already has mitigation system, and sellers don't want to pay (sales, real estate) - City-Data Forum

robsheck · 02-26-2010, 06:07 PM

Hello! My husband and I recently placed a contract on a home that has a radon mitigation system already installed. We decided to test for radon as part of our inspection and the test came back at a level of 9. We asked the sellers to pay to have it corrected and even offered to pay for a retest, but they have denied us. We already have $1000 invested in inspections and appraisals so we didn't know what we should do. We love the home and they are giving us a great deal.......which is probably why they don't want to pay anymore. However, they did bring the co. back in that originally placed the mitigation system to retest and the co. found it at an even higher level of 11. If we walk out on the deal now, we just have to reinvest the money into another home and lose $1000. Are we going to be able to fix this problem if we go ahead and buy or are we crazy?? Why isn't the current mitigation system bringing levels to acceptable? Are there any stories out there where the radon levels were never brought to acceptable levels and the home was worth nothing? Any advice is helpful.

FlyersFan · 02-26-2010, 07:16 PM

Quote:

Originally Posted by robsheck

Hello! My husband and I recently placed a contract on a home that has a radon mitigation system already installed. We decided to test for radon as part of our inspection and the test came back at a level of 9. We asked the sellers to pay to have it corrected and even offered to pay for a retest, but they have denied us. We already have $1000 invested in inspections and appraisals so we didn't know what we should do. We love the home and they are giving us a great deal.......which is probably why they don't want to pay anymore. However, they did bring the co. back in that originally placed the mitigation system to retest and the co. found it at an even higher level of 11. If we walk out on the deal now, we just have to reinvest the money into another home and lose $1000. Are we going to be able to fix this problem if we go ahead and buy or are we crazy?? Why isn't the current mitigation system not bringing levels to acceptable? Are there any stories out there where the radon levels were never brought to acceptable levels and the home was worth nothing? Any advice is helpful.

Hello.....my name is Mike and I am a New Jersey DEP licensed radon specialist with 20+ years experience. I do some testing but mostly I mitigate homes with elevated radon levels.....over 100 a year.
After reading your post that the house you want to buy with a radon system already installed still had a reading of 9 pCi/L I would tell you that once mitigated radon levels don't rise again as long as the system is operating. Since there was a second test done that was 11 we can be sure the existing system isn't adequate to reduce the radon levels and probably never was. I don't know how old the system is but most mitigation fan manufacturers warranty their fans for 5 years and most reputable mitigators pass that warranty along to their clients warranting their systems and radon levels for 5 years.
Causes for the system not working can be many but first we can start with the possibility that the fan is undersized and not drawing enough air from under the slab....second the fan may not be providing a large enough radius of suction from the suction point to remove enough radon to get the levels down to 4 and additional suction points are needed.
My gut feeling here is that the system was never adequate to begin with and when the original mitigator did the post mitigation test and it wasn't low enough he falsified the results as he didn't want to have to come back and do additional work for no additional cost......especially if the system he installed only reduced the levels slightly from the original high reading ?
Every now and again we come across a house that doesn't respond well to initial mitigation measures and additional work is needed....larger fan, additional suction points and because we have to guarantee our work unless the levels drop to where they need to be we don't get paid until they do. Most mitigators are honorable and will do whats needed but we all know not everyone is honorable and does the right thing.
The bottom line for you is that additional work is needed to reduce the levels and since the original mitigator doesn't seem to be standing behind his work and the seller is refusing responsibility the cost to lower the radon levels will be the buyers and no mitigator is going to take over a known "difficult' mitigation job where someone has already tried simple methods and failed unless he gets time and material contract and that can be costly depending upon how much additional work needs to be done. Also, even if additional work proves successful you may find that with the addition of all the new pvc piping and suction points your basement might become rather unsightly and more difficult to finish into living space. I've mitigated houses as high as 80 that were easy and struggled with houses that were only 6 but I've always been able to reduce them to the EPA guildeline of 4 pCi/L.
Despite a good purchase price I would tell you not to accept the responsibility to repair this defective radon system that its the sellers responsibilty. Don't be pressured into accepting what could be a real nightmare to deal with.
If you have an questions please don't hesitate to DM me for further advice.

Mike

robsheck · 02-27-2010, 06:41 AM

Thanks, Mike. Awesome reply.........thanks for all the info. You were very informative.

chica_bella813 · 02-27-2010, 08:44 AM

Are you still going to buy the house?? I would walk away....

BlueyedCat · 02-27-2010, 08:55 AM

Quote:

Originally Posted by chica_bella813

Are you still going to buy the house?? I would walk away....

I agree but I wouldn't walk.....I would run away from it.

chica_bella813 · 02-27-2010, 09:01 AM

Quote:

Originally Posted by BlueyedCat

I agree but I wouldn't walk.....I would run away from it.

Yes well said...I agree

Sunday1 · 02-28-2010, 08:40 AM

Great advice from flyersFan. I've had two mitigation systems installed in two different homes and this sounds like an unusual problem. I would add that it's my understanding that now that the level and test results have been determined - and been documented as exceeding acceptable levels - that both the seller and the agent now have obligations to disclose that information to any future buyer prospects unless they correct/remediate the radon. The sellers are obligated to disclose the problem on the disclosure agreement and the real estate agent can't sell the house without disclosing the info. Especially in this market, which is a buyers market, they'll be much better off fixing the problem now and completing the sales contract to you than they would be to find another buyer because they are still going to need to take care of the problem. I'm not a realtor -- just someone who has moved around the country and dealt with radon in homes I wanted to purchase or homes we built.

FlyersFan · 02-28-2010, 03:37 PM

Quote:

Originally Posted by Sunday1

Great advice from flyersFan. I've had two mitigation systems installed in two different homes and this sounds like an unusual problem. I would add that it's my understanding that now that the level and test results have been determined - and been documented as exceeding acceptable levels - that both the seller and the agent now have obligations to disclose that information to any future buyer prospects unless they correct/remediate the radon. The sellers are obligated to disclose the problem on the disclosure agreement and the real estate agent can't sell the house without disclosing the info. Especially in this market, which is a buyers market, they'll be much better off fixing the problem now and completing the sales contract to you than they would be to find another buyer because they are still going to need to take care of the problem. I'm not a realtor -- just someone who has moved around the country and dealt with radon in homes I wanted to purchase or homes we built.

I'm not sure what state this is occuring in but here in New Jersey if you (homeowner/realtor) don't disclose a known defect or problem thats considered fraud and if proven automatically results in tripple damages.

robsheck · 03-02-2010, 05:46 AM

Yes, I agree. The whole thing doesn't make sense. They have to disclose it and fix it anyway if we decide not to purchase. Who knows....maybe they won't try and sell right away. They are allowing the guy that installed the original system to come and make some motifications now to see if the levels can be brought down, but now I'm afraid I don't trust the guy that installed it.
Thanks for all the advice!

FlyersFan · 03-02-2010, 09:06 AM

Quote:

Originally Posted by robsheck

Yes, I agree. The whole thing doesn't make sense. They have to disclose it and fix it anyway if we decide not to purchase. Who knows....maybe they won't try and sell right away. They are allowing the guy that installed the original system to come and make some motifications now to see if the levels can be brought down, but now I'm afraid I don't trust the guy that installed it.
Thanks for all the advice!

Well......I wouldn't trust him either. Should this be resolved and you decide to purchase since you don't trust this guy you need a safety net. First.....you need some type of written warranty for the new work performed (here in New Jersey 5 years is typical for materials and radon levels) and second I would insist that another test be performed by an independant certified tester that uses a continuous radon monitor as this type of equipment pretty much eliminates the concern of cheating during the test.