Agent’s bad advice on radon
Dear Barry,
When I bought my home, the home inspector recommendedthat I have a radon test for an additional $100. My agent, who also attendedthe inspection, said there had not been any high radon levels in the area andthat 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 anddiscovered that the radon in my home is three times the level recommended bythe Environmental Protection Agency. Is my agent liable for his misleadingadvice? –Mickey
Dear Mickey,
Prudent real estate agents know better than to adviseclients on matters that exceed their professional expertise. Unfortunately,there are numerous examples of agents crossing this critical line. Some adviseagainst engineering and soils reports, against research of building permits, oragainst even having a home inspection. Those who give such advice misrepresentthe interests of their clients, while exposing themselves to serious levels ofliability. For an agent to discourage the specific aspects of the discoveryprocess is not only risky, it is unethical.
Radon is a radioactive gas that is emitted from the soil andthat may become concentrated in a home. It is often a very localizedoccurrence, rather than being typical of an entire neighborhood. In some cases,radon can reach high levels in one house, while being negligible at the homenext door. This fact is not likely to be known by many real estate agents,which is why agents should withhold uninformed advice to the contrary. From anethics standpoint, your agent bears some liability. Legally, oralrecommendations are difficult to prove, although you could test the matter inSmall Claims Court. If you do this, the amount in question would be the cost ofinstalling a radon mitigation system, usually between $1,000 and $2,500.
Dear Barry,
I’m planning to modify the interior of my condo and wantto know if I need a permit. The project involves the construction of additionalwalls to make a bedroom and closet. I’ve hired a licensed engineer to draw upmy structural plans, and I intend to do the work according to hisspecifications. What risks do I face if the work is done without a permit?–Scott
Dear Scott,
When you alter a building without a permit, you shouldconsider the issue of disclosure when you eventually sell the property. By law,you must inform buyers of all significant defects, and that would include workdone without permits. In that case, a buyer might insist that you obtain anas-built permit. The building department could then require full restoration ofthe living space to its original condition or removal of drywall to enableinspection of the added framing and electrical wiring.
Since you’ve already done the hardest part of projectpreparation — having plans engineered and drawn — why not go the extra stepand have everything done “according to Hoyle.” Remember, the codemandates the taking of a permit. Therefore, work that is not permitted cannot,by definition, be said to comply with code, regardless of how perfectly it isexecuted.
To write to Barry Stone, please visit him on the Web at www.housedetective.com.
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Copyright 2007 Barry Stone
