Radon testing in Wisconsin

[Ed Ochs]

Just getting started in home inspection, forgive some of my ignorance..
all exams completed and waiting on State R & L to confirm passing State exam...(yes, pretty new) which means I'm afraid I'm getting pushed around a little.

My wife & I are relocating to a larger city and have talked to some of the realtors as we walked thru some of the possible homes we're interested in, I was alittle put off by the realtor, telling me that you can't do a radon test on a home if the seller didn't authorize it prior to inspection...
I didn't say anything other than I would consider it a condition of the sale if the buyer wants one and is paying for it, why would the seller have any say in it...am I missing something in the translation...
Please correct me if I'm wrong, but but if someone requests a home inspection as a contingency and I offer a radon test as an addition to HI is that wrong...

Love to hear your comments...

[kmcmahon]

Nope...not wrong at all to request this, however the seller still has to agree.
He may lose a sale, but he has every right to say no! A radon test is not a normal part of a home inspection. Neither is a water test, well inspection, septic inspection, etc.

[Ed Ochs]

Thanks Kevin...

[Scott C. LeMarr]

I just got off the phone with an irate (and I do mean IRATE) realtor who informed me that I am to pick up the radon test that I just set up today as it was not in the contract. I explained to the realtor that the buyer understands that if the test is high he has no recourse. The realtor informed me that unless the seller authorizes it nothing can be tested as the prospective buyer does not own the property yet. I have been down this road before with Realtors that understand and allowed the testing to continue but this was a suprising, and very vocal, realtor.

Do I agree.........No! will I follow what the realtors say?....Do I have a choice? I am allowing the two realtors to battle it out and we will see what the outcome is. If I do revoke the tests, should I provide the client a partial refund? I'll post what come out of it.

Scott

[Ed Ochs]

Scott,
Hope everything works out...

Ed Ochs

[Nick Gromicko]

You can do a non-invasive inspection (which a radon test is) on the product you are buying (the house) if you want but the REALTOR is correct if she means that if the sales contract does not address radon (and so does not address what happens if you find high levels), you might not be able to get out of the sales contract on the basis of a high radon test. In other words from her perspective, there is no contractual difference in doing a radon test prior to the closing as opposed to after you move in.

[Scott C. LeMarr]

Thanks Nick, Great information and I even used your words but lost the battle anyway. I picked up the radon within a 24 hour period. Right or wrong the realtors "won out". I will offer the client that I go back in after closing and finish the test he paid me for. I'm out a kit and two extra trips but I keep a client and I doubt the realtors will.

The buyers realtor claims you absolutely must have permission from the seller to do any "testing" beyond natural gas leaks (what about furnace & water heater carbon monoxide? ) during the inspection. The problem, at least here in Wisconsin, is that no one seems to be able to provide any paper that proves one way or the other. It just seems to be what I would call "standard practice" with way too much grey area.

Scott

[Nick Gromicko]

Some sellers specifically say in the sales agreement that they don't permit a radon test. Others say that you can do one if you agree not to use it as a basis for getting out of the sales agreement and agree that the results will not be disclosed to anyone (including the seller) until after closing.

The thinking behind it is that the seller does not want the deal to fall apart and then be forced to disclose the high radon level to every other potential buyer who comes afterward. One has no legal duty to disclose that which one is unaware of.

[Scott C. LeMarr]

I spoke with a Real Estate attorney from my investors network group and he did say that unless the buyer, or home inspector for that matter, has permission from the seller, a radon test cannot be administered period. Anything left behind (tester) could be considered trespassing and the seller has the right to dispose of it.