Am I allowed to test for Radon without having a specific Contingency in my Purchase Offer. Wisconsin

Profile picture for BuyerMan
There is no contingency for the radon test in my contract, but the home inspector we hired suggested it. Can the seller disallow this test...even though I don't want to make my existing contract contingent on it?? Help!!!
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January 23 - Town of Madison
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Answers (13)

I am also a Wisconsin agent and agree with Malinda, KerryAnn, and Brian. Since your contingency doesn't allow for a radon test. You can always do your own test after you close on the property (Menards or Home Depot sell test kits that you mail in for results). If radon levels come back high, we know of a couple good radon mitigation contractors in the Madison area that typically charge around $800 for a complete system. Feel free to email me if you need some recommendations.  
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January 27
Profile picture for Gordon S AQCA
I agree with Malinda in the use of a National Environmental Health Association - National Radon Proficiency Program certified radon measurement specialist if you are going to have an inspection type service perform the testing.  If your indoor air concentrations of radon are not less than 4.0 pCi/L, then you will want to also have a certified radon mitigation specialist perform the installation of a sub-slab depressurization system.  It is important to have the correct design and the correct radon mitigation fan.  Choose your specialists careefully.
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January 25
Profile picture for malindat
I am a licensed broker and agent in WI, and KerryAnn and Brian are the only 2 that have responded correctly.  You cannot "test" without a testing contingency.  If you didnt want to make your offer "contingent" upon the radon test, I am guessing that is why it wasn't made a part of your offer.  If the seller agrees, you could have your agent draft an amendment to include the radon test and who pays for what if the results are higher than the EPA allowed 4.0 pci/L. Consult with your agent and/or attorney to discuss your options.  You can have your home tested after closing.  Check out State of Wisconsin proficiency radon list of certified testers/mitigators. I would suggest using someone who is certified on NEHA-NRPP (website is NEHA-NRPP.org).  I would not recommend having a home inspector perform test, I would suggest having certified radon person,  I would also ask what kind of monitor they are placing in the home and the date of calibration.
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January 24

You cannot test for it.  It is not allowed in your offer.  As a listing agent I have removed radon tests that were attempted to be set up not that were not a part of the contract.  It opens the seller to liabilities.  If it's not in the offer you are not getting it prior to close unless your offer is amended ie agreed upon by both parties. 

Again, in Wisconsin you have an inspection contingency and a testing contingency.  Some agents draft the testing provision to be wide open and test for whatever your heart desires, others are more specific to say radon, mold, radium, electromagnetic fields, etc.

If you don't get resolution with your agent, get a lawyer.

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January 23
Profile picture for Rita Walker
It is according to the way the contract is worded. Many contracts have an inspection period that is open to any and all inspections. When requesting repairs, replacements or corrections you must have documentation from a licensed professional.
Check your contract.
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January 23
Profile picture for NicholasRibeiro
You can test for it, you just cant ask the seller to re-mediate for radon without that contingency. 
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January 23
You have an inspection period. As long as you don't destroy or modify anything, you can inspect anything you want. As far as I know, radon testing is not destructive so there is no reason you shouldn't be able to test for it. If the seller objects (if they even know!) then your response is to reject the premises because inspections could not be completed.
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January 23
Yes, the seller can deny your request to perform any test you did not agree to in your offer.  Consult with your agent and/or real estate attorney to be certain you do not have this provision in your offer.  You may also want to ask your agent/real estate attorney if it is possible to word an amendment to allow for this test and how the reading will be addressed.  In other words, if the reading comes back higher than the EPA's recommended 4 pCi/L what do you expect to happen at that point? 

If you don't want your purchase contingent upon the test, why not wait until after closing to perform it?  There are other professionals who can perform the test with similar equipment and I believe you can get radon test kits from your local home improvement store.
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January 23
Profile picture for Brian French

As a Wisconsin real estate agent, I can tell you that inspection and testing are two separate contingencies - testing is taking samples (air, water, paint).  You do need the seller's permission to do inspections and testing as they need to cooperate.  You might still ask to do the test, but the seller is under no obligation to allow it nor is he obligated to mitigate the radon should it come back elevated.  If you don't want to make your contract contingent on it, then maybe you could wait until you own the home. 

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January 23
Um...that's not much of an issue when it gets to 25 below in the winter.

Um...........
It may not be an issue in the winter, per se, but it certainly can be one in the summer.
We have freezing weather here, too, but having a termite inspection performed is part and parcel of any new purchase inspection.
There can be evidence of past termite damage that needs to be addressed.... or mud tunnels.......not to mention indications of previous carpenter ant infestation........so, yes, it should be part of an inspection unless WI doesn't have termites or ants in the state.

We don't stop inspecting for them just because it is winter.
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January 23
Profile picture for MikeEmery
Do you have a contingency for a termite/wood boring insects inspection?

Um...that's not much of an issue when it gets to 25 below in the winter.

As for getting a radon inspection, you would need to look @ your inspection contingency to determine if you would have enough time to check for radon. It may be necessary to get permission from the homeowner to perform the testing as well as extending the time period for your inspection.

According to this site, Dane County does seem to have an elevated level of Radon as compared to the rest of the U.S.A.
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January 23
OK. so I just have to ask..........why isn't there a contingency for radon testing???

Do you have a contingency for a termite/wood boring insects inspection?

I suppose you can have the test with the seller's permission, but............what are your rights if the reading comes in above the acceptable range?

You should be protected and have those contingencies in your contract!!!!!

Do you have an agent?
I suggest you do what you can to insert those contingencies if it isn;t too late.
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January 23
Profile picture for Wes Black
In KY, the seller can not disallow a radon test. It is always a great idea to have this done.
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January 23
 

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