Radon CYA Verbiage???

[Terence McCann]

Hello all:

In Radon training for today and tomorrow per the 16hrs c.e. for the State of Ohio license renewal.

Our instructor, Mr. X. stated that it would be prudent to inform the clients about Radon and the dangers associated with it and then have them sign off on a form prior to the inspection that A)Yes they want a test or B) no, we decline and have been informed about the dangers.

This, he said, was advice given to him by attorneys. He floated this past ASHI which stated that "it not part of our standard and if we start that then we should have a doc for lead etc." He thought that made sense so then went back to the attorneys with what ASHI said. The attorneys replied that what makes the difference with Radon is that the EPA states that all homes should be tested. They don't say that about lead yada yada. He went on to say as H.Is. it is our responsbility to inform our clients of the EPAs stand on Radon and not doing so could leave us open to future legal action.

Soooo, what say ye, the best of the best, a road you care to take?

Tanks.

[Darren]

Terry,

Here in NJ, 95% of my inspections include radon testing. From what I'm hearing, the state is trying to pass a law requiring all homes in a real estate transaction MUST have a radon test done.

For the 5% that don't order a radon test, I simply include on page 2 of my report "No radon test ordered".

Did they discuss any signed documents from the occupant that they know about keeping closed house conditions?

Darren

www.aboutthehouseinspections.com

[Steven Hockstein]

I have been told by my attorney that you should have a standard order form that includes all of the services that you provide and document that the client was asked if they needed the services. Note their answers. If it ever becomes a legal issue, you can show that they were asked if they wanted the service and they told you "No." It would be hard for them to argue why you would not provide this added service if you had the opportunity to make extra money. Remember that it is important to show that this is your standard business pratice.

[DonTx]

Terence,

I don't see it as a bad idea. It could be included in your pre-inspection agreement.

[Terence McCann]

More news worthy notes!

Go to http://www.radonnews.org/HUD/NewHUDMort ... ndForm.pdf to view the latest doc from HUD/FHA regarding home inspections & Radon testing. If your doing any HUD/FHA inspections you need to know that the client might assume that the Radon inspection is included in his/her h.i. As you can see, there is a spot for them to sign off on whether or not they want a home inspection but there isn't any place for them to accept or decline a Radon inspection even though it's in the text of the document. Might lead to misunderstandings.