Property Q&A in Sparta>Question Details

1tiredmomma, Home Buyer in Sparta, NJ

what if a year after closing you discover high Radon levels in your home? Yes, the home inspector did one and it passed.

Asked by 1tiredmomma, Sparta, NJ Sun Apr 15, 2012

I later did two more Radon testings and they all failed. I have a sneaking feeling that the house was previously sold and the sale fell apart whent he home owner did not make repairs or adjustments. Several months later, here i come and buy the house. I think the previous home owner took the Radon canister outside or had a window open during the test period. Can I still seek remediation damages by the previous homeowner and or the realtor, she had to know it failed previously.

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1tiredmomma,

I understand your frustration but if I were you, I'd be asking my attorney these questions. As with this question and your other question regarding the radon levels, as real estate agents we cannot give or offer legal advice and what I say cannot be interpreted as legal advice. With that being said, you would have to prove that the seller removed the radon cannister or opened the windows. Obviously you don't have that kind of proof however if the first deal fell through because of a material defect with the property (i.e., high radon levels) that fact needed to be disclosed to future buyers. Did the seller fill out a Seller Disclosure? Right on that form it asks about radon testing.

You should call your attorney who handled your purchase of this property and speak to them about it. If you can prove the first deal fell through for radon levels - the sellers and their agent failed to disclose it but in the same token, you would need to prove that the seller fudged your radon test - that may be harder to prove. Speak to an attorney - an attorney is the only person who can help you.
0 votes Thank Flag Link Mon Apr 16, 2012
By the way rick, it did pass during home inspection, i did not install or remodel the previous homeowner did.i believe realtors get a copy of the results of all inspections, its a requirement & the realtors have the sellers sign stating all work is legitimate-a law. After our closing it was disclosed that there was a pending suit against the seller for a home he flipped in bergen county, his wife admitted afterwards they were house flippers
0 votes Thank Flag Link Sun Apr 15, 2012
I had no reason to suspect anything until AFTER the first winter when we all began having medical issues that we never had before. Perhaps if realtors were not rude and arrogant as your reply is, you would do better in sales. Maybe realtors should be honest, when we questioned the sellers realtor that lives 2 houses down, she denied all facts about the house. She knew ALL the reasons why the house fell out of contract the first time. I paid top dollar for this house, hired a home inspector with a very good reputation. I had no doubts till we developed respitory issues once the house was closed up for winter. You on the other hand need to wake up & accept that people are running from sparta, you are aware of the number of mls listings there are, only newton has more homes for sale than sparta
0 votes Thank Flag Link Sun Apr 15, 2012
Your question is filled with allegations without any evidence.

First: When YOU purchased your home, you were entitled to do as many inspections as YOU desired. YOU hired the radon inspector. YOU were given the results. It was up to YOU to accept, reject and/or order another test if YOU suspected the test was not conducted properly.

Second: Radon measurements vary with time; they are not constant. Radon is the result of decaying granite which MAY be harmful OVERTIME with PROLONGED exposure in ENCLOSED spaces - primarily basements. Did YOU install unseal granite countertops or tiles since moving in?...If so - THEY may be emitting radon!

Third: The seller's realtor is not required to disclose what she/he does not know, or has not been told by the seller. Realtors are not detectives. When buying a home - it is up to the BUYER to investigate.
0 votes Thank Flag Link Sun Apr 15, 2012
Your question is filled with allegations without any evidence.

First: When YOU purchased your home, you were entitled to do as many inspections as YOU desired. YOU hired the radon inspector. YOU were given the results. It was up to YOU to accept, reject and/or order another test if YOU suspected the test was conducted properly.

Second: Radon measurements vary with time; they are not constant. Radon is the result of decaying granite which MAY be harmful OVERTIME with PROLONGED exposure in ENCLOSED spaces - primarily basements. Did install unseal granite countertops or tiles since moving in?...If so - THEY may be emitting radon!

Third: The seller's realtor is not required to disclose what she/he does not know, or has not been told by the seller. Realtors are not detectives. When buying a home - it is up to the BUYER to investigate.
0 votes Thank Flag Link Sun Apr 15, 2012
This is definitely a question you should pose to your attorney. We as realtors cannot advise you on something of this nature. Good Luck and I hope you find the answers you are looking for.
0 votes Thank Flag Link Sun Apr 15, 2012
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