Home Buying in Ridgefield>Question Details

gary.tynes, Home Buyer in Ridgefield, CT

Can you sue the Realtor and Seller for not disclosing the fact that they know there is Radon in Air?

Asked by gary.tynes, Ridgefield, CT Thu Nov 1, 2012

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This question was asked from this property: http://www.trulia.com/property/3065388702-167-Tanton-Hill-Rd…

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7
Thanks, Jay! Hope to see you soon. Gary...hope you have electricity and let me know if you need names of radon remediation companies in our area.
0 votes Thank Flag Link Fri Nov 2, 2012
Hi Gary,

As usual Lonnie is "dead on". If you are purchasing any home in CT you should have a radon test done. The burden is on the buyer to order the test. Depending on the results, subsequent actions may be taken by either the buyer or the seller. As you already own the house just install the system. Legal costs will equal and exceed your added expense in short order.

Best,
Jay Cooke
0 votes Thank Flag Link Fri Nov 2, 2012
Gary...I know the house you purchased. It is new construction. There is no way the builder or his agent could have known there is radon. If you did a radon test as part of your inspection and radon showed up then you could have asked the builder to remediate the radon. I am so sorry you are having this problem and I welcome you to Ridgefield. I hope you have electricity
0 votes Thank Flag Link Fri Nov 2, 2012
I think you would have a very hard time proving that the seller or the Realtor knew there were high levels of radon. As some others said, the Realtor wouldn't know unless they tested (which they don't), or the seller told them. The seller also wouldn't have known if they specifically tested for it. If you are referring to a specific area having high radon, it's rather hit or miss. I've seen neighborhoods where one house tests high, and the house next door is fine.

My suggestion would be save yourself an expensive court battle and headache, and just spend the $800-$1200 to have a radon mitigation system installed. It's really not worth several thousand dollars in attorney fees to settle a $1000 argument.

See my link below for more info on radon.
0 votes Thank Flag Link Fri Nov 2, 2012
Gary,

Short of having conducted a redon test, I'm not sure how a realtor would have access to this information. Additionally, the way disclosure works is that the seller is responsible for disclosing only information they have knowledge of.

Proving someone definitely knew of this material will become your challenge. Yes, as Phil states, you can sue anyone for anything but making it stick becomes the issue. Your best advice will most assuredly come from an attorney.

Good luck,

Bill
0 votes Thank Flag Link Fri Nov 2, 2012
You can sue anyone for anything; but winning is a different story.
0 votes Thank Flag Link Fri Nov 2, 2012
You need to ask your attorney. It would seem to me you need to prove that they knew. Also, did you do inspections? Did you do a radon test? How do you know the realtor knew? Lots of questions, but you really need to talk to an attorney.
0 votes Thank Flag Link Thu Nov 1, 2012
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