Is a realtor by NE law required to ask/inform a potnetial buyer that radon testing is available if the?

Asked by Jill, Omaha, NE Thu Feb 26, 2009

potential buyer has no knowledge of radon at all?

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Dean Uhing, Agent, Omaha, NE
Fri Feb 27, 2009
I'd like to expand on this question further, since it is an important one. It deals with the obligations of disclosure and discovery regarding the condition of residential properties.
Disclosure is a responsibility of the seller. They are required by law to disclose any known adverse material facts. This obligation is fulfilled by the seller by filling out the "Seller Property Condition Disclosure Statement". The duty of discovery falls to the buyer. Contained in the above-mentioned disclosure statement
is the following, " This statement...should not be accepted as a substitute for any inspection or warranty that the purchaser may wish to obtain." Since not all real estate transactions involved a real estate agent, the law places the obligations of disclosure and discovery on the buyer and seller.
If there is a real estate agent involved, then the rules and regulations of the Nebraska Real Estate Commission come into play. The obligation of the agent is to disclose any adverse material facts known by the agent to both buyer and seller. There is no obligation on the part of the agent to discover. The agent has an obligation to provide the "Seller Property Condition Disclosure Statement" to all potential buyers. As agents, we also advise our clients to seek inspections if they have any concerns about the property.
Radon is one of the items mentioned in the Seller Property Condition Disclosure Statement,, found under Part II, Section B, Item 5. Upon review of the Statement, one will find many other items regarding the safe and healthy condition of a property.
Hope this further clarifies this issue. Buying and Selling a home is a serious issue. Thanks for taking the time to ask this question.
Once again,
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Dean Uhing, Agent, Omaha, NE
Thu Feb 26, 2009
Realtor's are required to disclose any known adverse material facts.
Your use of the word "potential" seems to be an important distinction. Are you looking at a lot of properties or are you asking a realtor to represent you while negotiating a particular property. In most purchase agreements used by realtors, that particular issue is addressed. The buyer is asked to state "yes" or "no" to a variety of different inspections, including, whole house, lead base paint, mold, radon.
I am curious as to why you may not be aware of radon? There is alot of advertising and public notices being done on that important health issue.
My advise to all my buyers is have homes inspected, even new construction.
Dean Uhing
Prudential Ambassador Real Estate
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