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So, my father is selling his home in Morris County, NJ. I live with my father. He received an offer in March, and after some back and forth they agreed on the final price.
The buyers brought in an inspector for a home inspection, and the inspection found several issues, one of them being high levels of radon. The initial test was 5.8. All of the tests are the charcoal cannister type. The first test was put in by the home inspector.
So my father hired a company for radon mitigation, and they installed fan/cover system in the basement.
A second test found that the levels were high again, still above 5.0. This second test was again a charcoal canister, and my dad picked up and placed the canisters himself. However, it was placed on an end table, which was about 3 feet high (as opposed to the level at which your head is, about 5-6 feet high).
For the first two tests, the basement door was closed, as were the windows.
He had the radon mitigation company come in again, and "seal" the french drain along where the slab meets the cinder block wall. The guys from the company stated that it probably wouldn't pass the test, and that a second fan system would have to be installed (on the other side of the basement, I think). But, they said let's see what the test results come back as.
So, for the third test, my father picked up the test again, but this time, he left the door to the basement completely open, for the entire time of the test. He specifically stated to me, that if the test doesn't pass, he would have to pay for more mitigation to bring the level back to legal limit. I didn't say anything to him, and didn't close the door myself, which I think would have been a moot point, since the test was already invalid, and he would have reopened the door anyway. It's not as if he didn't know what he has doing.
The results came back from the testing company, and they "passed," at 2.8. My dad then sent the results to his broker and real estate attorney.
Some of my questions are:
At this point, should I say anything to anyone? If so, to who? My dad's broker, or attorney? Or the seller's broker or attorney?
Should I keep quiet, as it's not any of my business?
As far as I know, I'm the ONLY person my dad has told this to. He hasn't told his broker, or attorney. I'm pretty sure, that if he told his broker, the broker would have objected and told him to do the test right, and perform whatever action is needed to get the radon levels down. He certainly didn't tell the attorney, in fact my dad send the attorney the fraudulent "passing" test results, presumably to pass on to the buyer's broker/attorney. I am not the seller, and I didn't conduct any of the tests.
I don't know the details of the buyer's contract, but i do know that they have put in a deposit in escrow with their attorney, they have brought in the home appraiser to our home, and the closing date is June 28th.
I've read that if they perform their own test after moving in, and the levels don't match, that my dad could be sued?
Not sure what to do here, as I would want my dad to avoid a future lawsuit from the buyers. I was thinking of contacting the buyer's broker directly and explaining the situation to him.
Aside from a legal issue, this is a health and moral one. Radon at high levels is highly dangerous. He is potentially signing a death sentence for this family. Dramatic? Yes but very true. It's the leading cause of cancer among nonsmokers. If found to have tampered with the radon test he more than likely would be sued and depending laws could be charged with something. I would definitely tell his broker what is going on and come to a resolution. Maybe you can pitch in for the second system or the buyer may pay for it themselves. Real Estate is about negotiations, I am sure all parties can come to an agreement.
Well, I'm well above 18 years old, that's true. But why would I be held accountable? I'm not the property owner, I'm not listed anywhere in the contract for the home, and my dad didn't say that this is what he would do before he did it. I feel like I should let someone involved the transaction know, but I just know that it's going to get my dad in trouble - he confided in me because he felt that I wouldn't tell anyone. Although, he didn't tell his own selling/listing agent either, so maybe he thought he could fool everyone and get away with it?
I know I'm agonizing more than I should, telling SOMEONE involved is the right thing to do, even if my dad gets pissed off/angry at me.
Should I tell the listing agent, or the buyer's agent? Wouldn't it be more effective and direct if I told the buyer's side? Or would they potentially walk away from the deal?
5.8 pCi is not a high level, in the first place. A HIGH level is over 1000, IMHO. The minimum 'safe' level is a pretty arbitrary value in the first place. Homes have been found with 3000 pCi. Now those need a remedy, but at 5.8? If it were up to me, mitigation would not be reasonable until at least 25-50 pci.
Edited to add: 4pCi is the amount considered safe...but what about 4.1? It is like saying you should only be out in the sun 20 min per day. But what about 60 min? Normally that will not kill you.
Last edited by luv4horses; 05-29-2017 at 03:37 PM..
5.8 pCi is not a high level, in the first place. A HIGH level is over 1000, IMHO. The minimum 'safe' level is a pretty arbitrary value in the first place. Homes have been found with 3000 pCi. Now those need a remedy, but at 5.8? If it were up to me, mitigation would not be reasonable until at least 25-50 pci.
I don't know if I need to multiply the 5.8 by 1000 or something, but I know for a fact that in NJ, a radon reading above 4.0 needs to be mitigated. It was in the inspection report, my father's agent said that it would have to be taken care of before proceeding with the sale, and it's basically NJ law.
Of course, personal opinions are nice, and maybe 5.8 isn't high, but who's going to argue with the law?
We just bought a house with radon. The seller put in a system. There was no second test done by her to make sure it worked. I guess we could have asked for that
Anyway, I did my own tests when we moved in and will continue to test every six months on my own
I would just stay out of it. It's your dad's house and liability (and soul) If anything, voice your opinion to your dad.
It's always a risk that sellers fudge the test and any buyer should realize that and do their own testing
No matter who puts the test in place, if you have someone like your dad who is determined to botch the test, there's not much that can be done.
If I were the buyer, I would not accept any mitigation from a company who was not willing the offer a warranty of at least five years. Part of that warranty would be retesting. Of course, your dad was probably too cheap to get a quality mitigation company . . .
See if you can explain to your dad that today's radon is yesterday's asbestos. And possibly explain to your dad that if he does not allow the house to be properly tested, you will have no choice but to contact the buyer's agent. I'm sure you're disappointed in your dad's lack of scruples, but this is malice aforethought.
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