New York Real Estate Salesperson ExaminationProperty Condition and DisclosuresMedium
A buyer is interested in a rural New York property with a private well and septic system. The listing agent mentions that radon gas testing was performed by the previous owner three years ago, with results indicating levels slightly above the EPA's action level. The seller, however, did not take any mitigation steps. Which of the following is the most appropriate action for the buyer's agent?
- AInform the buyer that radon is naturally occurring and therefore not a material defect requiring disclosure.
- BSuggest the buyer rely on the three-year-old test results, as radon levels rarely change.
- CAssure the buyer that because the property is rural, radon is unlikely to be a significant issue.
- DAdvise the buyer to request a new radon test and consider mitigation options if levels remain high.
Show answer & explanationAnswer & explanation
Correct answer: D. Advise the buyer to request a new radon test and consider mitigation options if levels remain high.
Radon levels can fluctuate, and a three-year-old test, especially one above the action level, warrants retesting. The buyer's agent should advise further investigation and potential mitigation, as radon is a known health hazard.
Why the other options are wrong
- A. While naturally occurring, radon at or above the EPA action level is considered a significant health hazard and a material defect that should be disclosed and addressed.
- B. Radon levels can change due to seasonal variations, soil disturbance, or changes in the building's ventilation; relying on old data is risky.
- C. Radon can be found in any type of property, rural or urban, and is not dependent on location but rather geology.
Radon Gas
A naturally occurring, colorless, odorless, radioactive gas that seeps from the ground into homes and can cause lung cancer. EPA recommends mitigation if levels are 4 pCi/L or higher.
- Naturally occurring, radioactive.
- Colorless, odorless, tasteless.
- Causes lung cancer.
- EPA action level: 4 pCi/L.
Memory trick: Radon's silent threat, if high, don't let it lie; test again, then mitigate, or you'll regret!