Home Buying in 01850>Question Details

bgparisen3, Home Buyer in 02879

I am a seller and the radon came back at 4.0. The buyer is thinking about backing out without giving us a chance to fix it. Can they do this?

Asked by bgparisen3, 02879 Sun Sep 15, 2013

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Much it depends on the contract you have entered into. As long as they follow the dates the, its a strong possibility they can back out.

With that said, radon is all around us. Above 4.0 is what the EPA suggests as the actionable levels for radon. You are right on the cusp.

Every house will have a radon reading of something, it can not be totally avoided.

I am wondering if there is something else going with the buyer. If your are willing to remediate the radon and would think for most buyers that would be something that they would be happy with.

Talk to your listing agent and see if there are other issues going on. Sometimes the radon is the straw that broke the camel's back. Home buyers sometimes get overwhelmed with a home inspection. Good communication between your sellers agent and the buyers agent is vital in holding the deal together.
2 votes Thank Flag Link Sun Sep 15, 2013
Wondering how it all worked out?
Flag Sun Dec 8, 2013
We were here during the inspection and were told the inspection went very well. The only other thing wrong was the kitchen needed a breaker outlet near the sink. The buyer is now over their time limit. Not sure what is going to happen. We have gotten nothing in writing from them. Will they really give up 28,000?
Flag Sun Sep 15, 2013
Before hitting the "panic" button, maybe agree to an extention on the radon test. You can always retake it. Touch base with the home inspector, make sure the test sample was not near a window or any other opening that may have caused air to get to the sample. Make sure the home stays air tight no one should be in or out during the test.

The buyer can back out based on the test, depending on the contract.
1 vote Thank Flag Link Mon Sep 16, 2013
Answer to your reply....

Again it all falls back to the contract and the terms that are laid out. Most contracts give a specific date to which the buyer has to notify you of withdrawal of the contract. Most spell out that they have one day after the end date to notify you (or your agent) in writing that they are withdrawing and all deposit moneys to be returned.

If they miss a contingency date then yes their money is at risk. Escrow monies are complicated and it is not as simple as the listing agency turning the money over to you. Both parties need to agree. If it comes to that point and you have 28k in escrow its time to talk to an attorney.

Here is a quick article on escrow money deposits: http://wp.me/p2FBgc-Ua

I hope it all works out for you, I understand how nerve wracking it is to be hanging in the balance.
1 vote Thank Flag Link Mon Sep 16, 2013
hi.. if they are within time frames for home inspections and or if radon was written into the purchase and sale agreement then they would have a right to back out. I believe anything 4.0 or higher qualifies for mitigation. You could ask for a retest because if there was air flow or doors and windows were open during or just prior to testing it could make the levels higher and you are borderline. Speak to your agents and make sure the buyer has a full understanding as to what the levels on results mean. If you are working with an attorney then please have a conversation as sometimes buyers just get scared and don't understand.
1 vote Thank Flag Link Sun Sep 15, 2013
exactly 4.0? Spend $1000 and mitigate and then retest. Hope you have your own agent representation.
Web Reference: http://nemoves.com/kenzo
1 vote Thank Flag Link Sun Sep 15, 2013
Hello,
If they are within their inspection period yes they are most likely able to do so. Radon is easily mitigated. It is important to ask your agent to try and determine whether or not there are other issues that could be causing them to be concerned. Often radon is used as a material defect when it's actually a buyer with cold feet. Best of luck
1 vote Thank Flag Link Sun Sep 15, 2013
Yes, they can. Pretty much anything can a deal breaker, and this is one. You will want to put the radon mitigation system in to rectify the problem for future transactions regardless.
1 vote Thank Flag Link Sun Sep 15, 2013
Unfortunately if the levels come back 4.0 or higher it is recommended that you mitigate. As stated below you could fix it for roughly 1000, that said the buyer still may be leery and not want to proceed.

You should of had in the offer in the event of elevated levels of radon the seller will mitigate it. Good luck
0 votes Thank Flag Link Sun Sep 15, 2013
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