Radon and Real Estate

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Radon and Real Estate

• by Jeff Miner
• Radon At Tahoe

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Continuous Electronic Radon Tester
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Do It Yourself Manual
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Radon and Real Estate

• Basic Education
• Remediation
• Finding Credible Support
• Avoiding Liability
• How to Develop a Radon Strategy

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A Radon Strategy for Real Estate Professionals

• Become Radon Smart
• Be a problem solver
• Act early in the sale
• Have a dependable, certified TEAM
• Network with mitigators, testers, builders, and
  other like minded real estate agents.
• Understand liability issues
• Hold back instructions allow sale to close
• All radon problems can be fixed

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Radon Movement
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Why Is Radon a Problem at Tahoe?

• Radon causes lung cancer
• Granite soils contain Uranium, hence radon.
• Over half the houses in South Lake Tahoe are
  over the EPA action level.

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• EPANevada Radon Map

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• EPACaliforniaRadonMap

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Natural Hazard Disclosure

• JCP, Hirst, First American and others
• All use EPA Radon maps
• All show Tahoe as a moderate radon area
• This is misleading and inaccurate but legal
• Radon zone maps are being developed by California
  Geological Survey

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Three Studies

• California 1989
• Nevada 1991
• Tahoe Radon Survey - 2007

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California DHS statewide radon study 1988-89

• The Sierra Nevada region was significantly
  higher than other areas.
• Estimated that 11-45 of homes are above the U.S.
  EPA action level.
• Action taken None

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• Nevada1991 Radon SurveyZephyr Cove69 of
  homes over the EPA Action Level The highest in
  the state!
• Action Taken None

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Tahoe Radon Survey 2007

• 7,700 letters sent to addresses within the Tahoe
  Area including Sierra Nevada portions of
• El Dorado County
• Placer County
• Nevada County
• Over 1,400 tests were received back
• Results showed that over 38 of homes in the
  Sierra Nevada and over 50 of homes in South Lake
  Tahoe are over the EPA action level.

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Percent of homes over 4 pCi/L 2007 Tahoe Radon
Survey

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Radon in 14 Sierra Nevada Communities

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Radon in South Lake Tahoe

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Borders Dont Stop Radon

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What can you say?

• New Sierra Radon maps are being developed
• Hazard Disclosure Statements use county-based EPA
  radon maps which may not reflect true risk
• Half the houses tested in SLT are over the EPA
  action limit
• HUD recommends that all houses include a radon
  test as part of a home inspection.
• Recognized authorities recommend you test your
  house for radon

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National Association of Realtors has joined the
EPA and DEP in recommending that EVERY house be
tested for radon.
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Cancer Survivors Against Radon Cansar.org

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Cancer Survivors Against Radon Cansar.org

• Real Estate agent for 31 years
• Never tested his own home
• Lung cancer victim
• Found 10 pCi/L
• Clients now get a
• very personal testimony
• about importance of testing
• For radon

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Increased Public Awareness

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Radon Tests NOT recommended Real Estate
Transactions

• Charcoal Test Kits Not Tamper Proof
• Continuous Radon Monitors

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Tamper-Proof Radon Testing for Real Estate

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California Certified Radon Testers

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Certified Radon Mitigators in California

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Certified Radon Mitigators in California

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Training
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Crawl Space Foundation Mitigation
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Slab FoundationMitigation
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Backdrafting

• Carbon monoxide poisoning

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Building Radon Out
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Radon Ready New Construction RRNC On Slab
Foundation
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Soil Gas Collection Matting
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The Role of Real Estate Professionals

• Today, 75 percent of all radon tests occur as a
  result of a real estate transaction.
• Therefore, real estate professionals play a
  pivotal role in helping the buyer obtain radon
  information.

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Radon Testing Real estate professionals role

• Real estate professionals are precluded from
  performing any portion of a test contracted by
  either the buyer or the homeowner. That
  includes
• Placing the test device
• Picking up the test device
• Closing or sealing the device
• Sending the device for analysis

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Types of Potential Liability if Testing Not Done
Properly

• Negligence
• Fraud
• Misrepresentation
• There was a case where three real estate
  professionals who were successfully sued for
  failure to disclose the true radon levels found
  in a house for sale.

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Fraud/Misrepresentation

• Radon is not a problem in this neighborhood
  because it has not been found at high levels.
• Radon is not really a health hazard.
• I dont think this property has high radon
  levels.

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Avoiding Liability

• Know the basics about radon.
• Refer clients to radon experts for non-routine
  questions.
• Encourage the buyer to get a radon test
• Full disclosure of a radon test result and
  subsequent mitigation work must be provided by
  seller to buyer at contract of sale.
• Do not participate in any aspect of the actual
  testing.

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Liability

• Landmark lawsuit in Pennsylvania, 30,000
• Ignorance of the law is no excuse
• Presumption of knowledge of the area
• Weigh the risk of losing a sale vs. liability
• Natural Hazard Disclosure statement is misleading
• National and State Real Estate Associations
  recommend being up front (CAR, NAR)
• A Radon Strategy minimizes liability

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Escrow Accounts

• Hold back instructions
• After a sale closes
• To fund radon mitigation
• Contingent upon the results of a long-term test
  (91 days or more)
• If test is below EPA action level, money is
  returned to seller

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International Building Code
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Radon Ordinance RRNCRadon Resistant New
Construction
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EPA Web Page Radon and Real Estate
http//www.epa.gov/radon/realestate.html

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The Top Ten Reasons to Have a Radon Strategy

• May I have the envelope, please

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The Top Ten Reasons to Have a Radon Strategy

• Reason 10
• Timing is everything
• You take care of The Radon Problem at the
  beginning of process, not at end.

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The Top Ten Reasons to Have a Radon Strategy

• Reason 9
• Publicity
• You are in control.
• You have the tools you need
• to respond to customer
• questions.

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The Top Ten Reasons to Have a Radon Strategy

• Reason 8
• Testing
• You control who does the test, what equipment
  they use and when it is done.

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The Top Ten Reasons to Have a Radon Strategy

• Reason 7
• A Written Strategy
• Its your hard core proof that you are using due
  diligence if challenged or sued.

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The Top Ten Reasons to Have a Radon Strategy

• Reason 6
• Education
• Just having a Radon Strategy will encourage you
  to learn more about radon and what to say and
  what not to say.

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The Top Ten Reasons to Have a Radon Strategy

• Reason 5
• You have a Team
• You know who to call for testing, who to call for
  remediation, who to call for support.

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The Top Ten Reasons to Have a Radon Strategy

• Reason 4
• Liability
• You avoid Fraud, Misrepresentation, and
  Negligence because you are prepared.

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The Top Ten Reasons to Have a Radon Strategy

• Reason 3
• You help prevent cancer
• A great service to your clients and human kind.

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The Top Ten Reasons to Have a Radon Strategy

• Reason 2
• You can help create a Radon Safe Tahoe, one
  house at a time.
• and now . (drum roll)

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The Top Ten Reasons to Have a Radon Strategy

• Reason 1
• Because its the
• Right Thing
• To Do

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The Top Ten Reasons to Have a Radon Strategy

• Real Reason 1
• Make More
• Money
• You develop a reputation as an agent who has
  radon under control, part of doing business,
  just a bump in the road
• on the way to a completed sale.

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Plan B

• No Radon Strategy
• Hear Nothing
• See Nothing
• Do Nothing

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A Radon Strategy for Real Estate Professionals

• Become Radon Smart
• Be a problem solver
• Act early in the sale
• Have a dependable, certified TEAM to call
• Network with mitigators, testers, builders, and
  other like minded real estate agents.
• Understand liability issues
• Use hold back instructions after escrow closes
• All radon problems can be fixed

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Help Make Tahoe Radon Safe

• Thank You
• Jeff Miner
• Radon at Tahoe

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Radon in Rental Housing

• Environmental Law InstituteRadon in Rental
  Housing Legal and Policy Strategies for Reducing
  Health RisksInitiatives targeted at reducing
  exposure to high radon levels in rental housing
  1994, 18http//www.elistore.org/reports_detail.
  asp?ID343
• Funds may be available to reduce high radon
  levels in rental housingThere are some federal
  programs that might be used to help fund radon
  reduction in homes that are affordable to limited
  income families. These programs generally give
  money to local agencies or groups, which then
  fund the work. Some examples are
• Community Development Block Grant (CDBG) program
  - funds rehabilitation and repair of affordable
  housing. For more information, call the U.S.
  Department of Housing and Urban Development (HUD)
  at [phone].
• "203k" program - funds rehabilitation and repair
  of single family homes. For more information,
  call HUD at [phone].
• Environmental Justice Grants - funds
  community-based organizations and tribal
  governments addressing environmental concerns of
  people of color and low income communities. For
  more information, call EPA's Office of
  Environmental Justice at [phone].

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El Dorado County Community Update
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Radon and Real Estate Sales
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Newborn Radon Program
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Conclusion

• Real estate professionals can play an important
  role in ensuring that radon testing is properly
  conductedand protecting Tahoe residents from
  lung cancer.

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Thats all Folks
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EPA Radon TV Spots
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because its the right thing to doWilford
Brimley