Radon - Don't get burned by it!

RADON
Don't Get Burned By It!

Real Estate professionals should be aware of
new E.P.A. Protocols regarding radon testing
for real estate transactions.

Things changed on 10-1-93!!

The US EPA new regulations come into effect governing RADON TESTING during a REAL ESTATE TRANSACTION. The Real Estate Professional reading this announcement will become aware that the US EPA has developed a protocol for Radon Testing during a Real Estate Transaction. While Real Estate Professionals do not normally perform Radon Testing, they do provide BUYERS and SELLERS with information, brochures, literature, and names pertaining to people and companies who do Home Inspections and Radon Testing. While Home inspectors are not regulated in most states, the Radon Testing portion of their job is NOW REGULATED by the new EPA Protocols.

The Home inspection Institute of America, Inc. recommends that all Real Estate Professionals pay attention to Risk Reduction by only providing the names of Home Inspectors who do comply with the new US EPA Protocols. We recommend that you not give out any names if they do not comply with the new protocols. To do so is to invite a claim and to actually greatly increase your exposure.

Two new publications spell out the full details of the new program. They are the Home Buyer's and Seller's Guide To Radon, EPA 402-R-93003, March 1993 and the PROTOCOLS FOR RADON AND RADON DECAY PRODUCT MEASUREMENTS IN HOMES, EPA 402-R-92-003, June 1993. Three options are given for radon testing: Sequential Testing, Simultaneous Testing, Single Test. For most testers Simultaneous Testing is the only viable option.

The Real Estate professional should be aware that the protocols require the occupants be notified of the importance of maintaining the proper testing conditions during the testing. Since most testing is done by Home Inspectors who work for the buyer, the responsibility will naturally rest with the real estate professional because of their relationship with the seller. Further, the "home owner should be able to verify or provide documentation asserting that testing conditions were not violated during the testing period." Sellers should be advised by their real estate representative that they should be prepared to sign a statement to this effect at the end of the testing period The tester may nullify the test results if the results are found to be unreliable.

Just imagine the claim against the Real Estate Professional who recommended a Radon Tester who did not follow the protocols. The buyer or seller could claim FRAUD (the Real Estate Professional knowingly gave me someone who did not follow the protocols), or NEGLIGENCE? (the Real Estate Professional was negligent in not knowing that the tester should have followed the protocols and not providing only names of those who do follow the protocols.) The seller might even claim BREACH OF CONTRACT (the Real Estate Professional did not do everything possible to protect the seller's financial interests.) These are all real potential claims if the customer is not happy with the Radon Test results and if the tester did not follow the EPA protocols.

Risk Reduction in this instance means ONLY recommend people who follow the new EPA Protocol. Dell Enterprises is in receipt of the new protocols and has agreed to follow them when doing radon testing. Certification indicates the inspector has demonstrated compliance with the Standards and Code of Ethics of the Home inspection Institute of America, Inc.

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