Radon Inspection Clauses: Contract for Real Property

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Multi-State
Control #:
US-C-CL-575-1
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Word; 
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About this form

The Radon Inspection Clauses: Contract for Real Property is a legal document that outlines the conditions under which a real estate contract is enforceable, specifically concerning radon testing. This clause is essential for ensuring the safety of the property by mandating radon testing and outlining the steps needed if radon levels exceed EPA standards. The form is designed to protect both buyers and sellers by setting clear expectations regarding radon levels in the property being sold.

What’s included in this form

  • Buyer’s right to test for radon gas at their expense
  • Requirements for radon test results and notification
  • Seller's obligations regarding remediation of high radon levels
  • Options for the buyer if radon levels exceed acceptable limits
  • Contingencies regarding the buyer's right to terminate the contract

When to use this form

This form should be used in real estate transactions involving residential properties where the buyer wants to ensure the property is tested for radon gas. It is particularly important in areas where high radon levels are a known risk. Utilizing this form helps set clear expectations and responsibilities between buyers and sellers regarding radon inspection and any necessary remediation actions.

Intended users of this form

  • Home buyers wanting to ensure safety from elevated radon levels
  • Real estate agents facilitating transactions where radon testing is necessary
  • Property sellers who need to clearly outline their responsibilities regarding radon mitigation
  • Investors purchasing residential properties in radon-prone areas

Instructions for completing this form

  • Identify the involved parties, including the buyer and seller.
  • Specify the property address to be tested for radon gas.
  • Enter the testing period, indicating how many days the buyer has to conduct the radon test.
  • Outline the procedure for notifying the seller about test results.
  • Define costs and steps for remediation if radon levels exceed acceptable limits.

Does this form need to be notarized?

This form does not typically require notarization unless specified by local law. Please check your state’s regulations regarding notarization and witness requirements to ensure compliance.

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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

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We protect your documents and personal data by following strict security and privacy standards.

Common mistakes

  • Failing to complete the timeframe for radon testing and notifications.
  • Not specifying the testing company’s qualifications as per state requirements.
  • Neglecting to attach or properly reference the radon testing report.
  • Overlooking contingencies that allow for contract termination or negotiation.

Benefits of using this form online

  • Easy access to professionally drafted legal templates.
  • Convenience of downloading and customizing the form to fit your needs.
  • Ensures compliance with current legal standards and practices.
  • Allows for quick modifications, making it easy to respond to evolving situations.

What to keep in mind

  • The Radon Inspection Clause is essential for any real property sale to ensure safety from radon exposure.
  • Buyers have specific rights and responsibilities concerning radon testing and remediation.
  • Clear documentation of radon testing clauses helps protect both buyer and seller in a real estate transaction.

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FAQ

The best thing to do is to test for radon now and save the results. In most instances, radon testing and mitigation are not mandatory, however, radon test results are subject to real estate disclosure laws.

Real Estate Contingencies Contingencies can include details such as the time frame (for example, ?the buyer has 14 days to inspect the property?) and specific terms (such as, ?the buyer has 21 days to secure a 30-year conventional loan for 80% of the purchase price at an interest rate no higher than 4.5%?).

Radon reduction systems work. In most homes, use of radon-reducing features will keep radon levels to below 2 pCi/l. An effective radon mitigation system can reduce the radon level in your home by up to 99 percent.

What's a real estate licensee's responsibility regarding radon? Advise all buyers to have homes tested for radon, regardless of the location.

Radon can seep into any home that is in contact with the ground. It is undetectable unless you perform a radon test. It is the second leading cause of lung cancer and ing to the EPA and CDC, it kills more than 20,000 annually. It is not something you want in the home you are buying.

The presence of radon doesn't have to be a deal breaker, especially if there's a radon mitigation system in the home. It just helps to be prepared.

Radon levels can almost always be reduced, so if you like a home, you should buy it. Radon is not a good reason to walk away from the deal. The issue is negotiable between the buyer and the seller, and there are a lot of options to consider.

Fix the home if the radon level is 4 picocuries per liter (pCi/L) or higher. Radon levels less than 4 pCi/L still pose a risk and, in many cases, may be reduced. Take steps to prevent device interference when conducting a radon test.

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Radon Inspection Clauses: Contract for Real Property