We recently purchased a house in Overland Park, Kansas. We have now found out that our house has very high radon levels.

Question: We recently purchased a house in Overland Park, Kansas. We have now found out that our house has very high radon levels. The inspector nor our real estate agent requested a radon test or informed us that we should do a radon test. Is this required in Overland Park? Am I stuck having to pay for the mitigation system due to the lack of advice from the professionals that assisted with the transaction?
Jackie R. from Overland Park, KS.


Answer: Thanks Jackie for contact me. First, radon inspections are not required. Second, I'm not sure that a radon inspection may have revealed the very high radon levels. A radon test measures the amount of radon only during the test period. The air pressure and weather has an effect on the radon levels in your basement. When a radon test reveals a high radon level, I would recommend testing again. If the second test reveals a high radon level, then a radon mitigation system will need to be installed.


Now the question, who pays for it. I'm assuming you used our KCRAR board real estate forms. In those forms it states that the buyer has the right to inspect the home, even for radon. It is important to read and understand the contracts you are signing. If you don't understand the contracts you are signing, consult an attorney.


You could consult an attorney about your options in this matter of re-cooperating your expenses for the radon mitigation system, but I would guess that the radon mitigation system would be less than pursuing the real estate agent with an attorney. 


You might look into small claims court instead. Although this is an option, my guess is that since you signed the contract and it is spelled out in the contract, you maybe unsuccessful in small claims court. 


When hiring a professional, do your research and ask questions. If your questions are not being answered, maybe they are not a good fit for you.


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Blog post written by the Dowell Taggart Team of RE/MAX Premier Realty 

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