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socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 38913
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I have a question about under what conditions one can get out of a con

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I have a question about under what conditions one can get out of a contract after inspections have been made and deficiencies have been detected? The inspection report found radon levels above the safe level. My wife and I put in our inspection/reports addendumt to agreement of sale that one of the conditions to complete the sale was to remediate the radon by a licensed radon contractor. The seller has agreed to do this work. However, my wife has had second thoughts due to a recent bout with cancer and does not feel comfortable even with the remdiations of the radon by the seller. Can we still get out of the agreement and get our deposit monies ($9,000) back? We have not signed the inspection/reports addendum to agreement of sale response provided by the sellers. The property is a planned community with a homeowners association in Doylestown, Pa.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  socrateaser replied 2 years ago.
Hello, Based on the information you have provided, you are bound to complete the contract, if the seller cures the defect with the property. The question is: what sort of remediation is required by the contract? Radon cannot be eliminated, because it is a naturally-occurring source of particle radiation which finds its source in the Earth. Short of physically moving a property to a location where no radon radiation is present, there will always be some radon present. So, if the contract requires complete elimination of the radon, then that provision is commercially impossible, though it could make it possible for you to terminate the contract. Conversely, if the remediation is merely reduction to an EPA approved level, then assuming that the remediation is successful, then you would have to complete the contract. The bot***** *****ne here is that your ability to walk away depends on the requirements of the contract itself. However, given that the cost of remediation may be considerable, you may be able to negotiate a settlement. It may be less costly to the seller to release you from the contract, and then sell to someone else who is less concerned about the radon issue. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using!

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