It depends on what your purchase agreement says. Here in Des Moines, most of them say (in so many words) that if the inspection reveals a problem, then you ask the seller to fix it in one way or another. If the seller won't fix it, you have an "out". If the seller DOES fix it, then with most contracts, you DON'T have an out.
I should add here that your inspection, AND request to the seller, must be done within the inspection time allotted on the purchase agreement.
When you make an offer on a home, it is supposed to be in good faith. In other words, you truly WANT to go ahead with the purchase, as long as there are no major problems with the home (or if there are, then they get fixed). The inspection period is not an "out" for anyone who has cold feet. The seller has taken the home off the market since the offer was made, because, again, they assume you made a sincere offer.
There are opinions both ways about Radon. I won't offer one here, except to say that it IS fixable and that I have very few buyers who are concerned at all about it.
So to sum up, if you are still crazy about this home, this is a fixable problem, and in most people's minds, a very minor one. If you are just wanting out of the purchase agreement, then... that's another issue entirely. - Mon Aug 17 2009, 19:57