HUD Articles

Q: When I bought my home, the home inspector recommended a radon test for an additional $200. My agent, who attended the inspection, said there had not been any high radon levels in the neighborhood and that the additional fee was a waste of money. So I didn't get a radon test. After closing escrow, I bought a radon test kit at the hardware store and discovered the radon in my home is three times the level recommended by the EPA. Is my agent liable for his misleading advice?

A: Prudent real estate agents know better than to advise clients on matters that exceed their professional expertise. Unfortunately, there are some who make this foolish mistake. Some might advise against engineering or soil reports, against researching building permits, or even against having a home inspection. Those who give such advice misrepresent the interests of their clients, while exposing themselves to legal and financial liability. Such was the case when your agent refuted the home inspector's advice to have a radon test.

Radon is a radioactive gas that is emitted from the soil. In some cases, it becomes concentrated inside of a home. This is often a localized occurrence, rather than being typical throughout a neighborhood. In some cases, radon can reach high levels in one house, while being negligible in the home next door. Such facts are unknown to many real estate agents, which is why agents should withhold advice to the contrary.

By errantly advising you, your agent undertook a measure of liability. If he doesn't agree, you can test the matter in small claims court. If you do this, the amount in question would be the cost of installing a radon mitigation system: usually between $1,500 and $3,000. Get a bid from licensed radon abatement contractor before proceeding.