Can I go after the previous homeowner for Radon? I have done 3 tests and they all failed. I have a feeling the previous homeowner moved the canister

Asked by Connie marie, Sparta, NJ Sun Apr 15, 2012

during the home inspection. The house had been previously under contract to our purchasing it. I think it failed back then so the homeowner knew to move the canister. I have small children and the current testing I have done in various locations and seasons has come back at 4.0 - 4.2 PICU. The stress knowing the damage I cn be doing to my children staying here is tremendus. I don't have the $1200. plus to fix it.

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Diane Glander, Agent, Spring Lake, NJ
Mon Apr 16, 2012
I have been told that the tests are sensitive enough to know if the canister has been moved. I would contact the company that did your test and discuss this with them.
If the house failed a radon test while it was under contract the first time and the sellers' did not disclose it once the house came back on the market, both the agent and the seller could be in trouble. You might want your agent to contact theirs to see what the problem was.
If you cannot afford $1200 to remediate, you probably can't afford to have an attorney represent you legally. A lawsuit can cost much more than the $1200 remediation procedure.
In the meantime, keep the windows open in your basement. It's not a solution, but can't hurt.
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Mary Petti, Agent, Edison, NJ
Mon Apr 16, 2012
If you used an attorney for the closing I would discuss this with him/her. I don't think you can take the previous owner to task on this but doesn't hurt to ask.
Perhaps the remediation company has a payment plan available if it comes to that?
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