Q. How Can I Know Homeowners Didn’t Tamper With Radon Test?

Q. Hey Mark,
We are trying to move from Texas to Wisconsin and found a home. We had the typical inspection and radon test performed. There were numerous semi- minor issues but a few bigger ones. Radon at 5.7, tree roots growing into the sump pump crock, etc. In our contract we did not give the seller the right to cure if there were issues so we gave notice the next day that we were canceling the contract and needed them to sign a mutual release. They will not sign a release and are actually trying to force us to bu[y] the home. They never took it off the market and have not spent one penny on anything related to moving, etc – it was only 11 days between offer and cancellation. Now they are having a radon test done of their own because they do not believe ours was accurate.  I do not believe that we are dealing with honest people and they do have strong ties to the building community around us so I don’t necessarily think that their test will be done honestly. Can they air out the basement, test somewhere else in the home, etc to make the test read lower? It seems to me that as the buyer with “no right to cure” for the sellers and inspections being done by a professional that sellers if they don’t like the results shouldn’t be able to retest/fix until they make us buy the home with no right to cure.  What things can people do to make the radon test be skewed?  What should we watch for?
Thanks,
Jean

Hey Jean,

Re-testing should be done according to EPA guidelines.  There are several things that the sellers could do to alter their test.  I’ll not list them as it will give some people “suggestions” they could attempt to use.  However most of the things they may try, such as leaving their windows open as you suggest, may actually increase their tested levels because it could increase the amount of radon drawn into the home from the ground.  As a practical issue, there really isn’t anything you as a potential buyer can do to ensure that the seller’s test is performed properly.  Hopefully your test was performed by a certified technician to EPA standards for a real estate transaction. About the only thing you can do, is determine if the radon report you receive contains some sort of certification information on the testing professional, as well as a statement that it was performed to EPA guidelines.  If the seller’s test is performed using an electronic continuous radon monitor, it is probably equipped with instrumentation that will assist the technician in determining if the monitor has been tampered with.  If they simply used a canister or some other device, then it will not be as obvious to the tech.

Since I am in Missouri I contacted an acquaintance of mine who is an inspector in WI (Michael Larson, Inspectrapro LLC, Hudson WI, http://www.inspectrapro.com).  He tells me that radon testing is not legislated in Wisconsin, but provided a link to a list of WI Radon mitigators who have passed testing by Radon organizations and must maintain CE for their continued accreditation. http://dhs.wisconsin.gov/dph_beh/RadonProt/Lists/miti1008.pdf .

I would also strongly recommend that you seek the advice of your agent in the transaction, as well as a real estate lawyer.  I don’t think the second test is your primary concern, as you bailed on the home for other reasons as well.  Even if the sellers produce a contradictory radon test result, this wouldn’t likely alter your decision anyway, as radon mitigation is generally relatively low cost and simple to perform in the first place.  Therefore, in my opinion, legal advise is what you really need.

Mark Nahrgang is the owner of Kingdom Inspection Network Group – St. Louis and is a professional NACHI certified building inspector in the St. Louis metro area. Mark performs home inspections as well as commercial inspections throughout St. Louis and St. Charles County.