Radon Monitoring Agreement

[inspector808]

Hey guys,

I recently had a lawyer look over my pre-inspection agreement, which happens to give my clients the option to check a box and request or decline 48 hour radon monitoring.

According to my lawyer, this leaves an open door of liability. He said I should have a separate radon monitoring agreement.

Do any of you who currently provide radon monitoring use a radon monitoring agreement?

Robert

[Scottpat]

Well, I'm in TN and the lawyer that said mine was OK did not mention it on mine. I have it built into my contract as well. They must must mark Yes or No that they do or don't want the test. It is really not an agreement, but more so they can't say I did not offer the test to them. Outside of this I do not use any other agreement. I post my notice and give everyone a copy that tells them about the test and bla bla bla and if they mess with the CRM somebody is going to have to pay for a new test. Now if you have a specific radon testing agreement that might be different, but I don't know.

If you think about it just how much extra liability can this increase it by? It can't be very much if at all. Radon testing has very very little liability when it comes down to it.

Makes me wonder if the attorney is looking for a little extra billing this month! []

[Inspectorjoe]

I see two avenues of liability for an inspector if a buyer chooses to not have a radon test done. Admittedly, the chance of either of them happening is pretty slim.

• A resident of the house gets lung cancer and blames it on radon (not provable of course), then comes after you because you because you knew the danger radon gas poses, but failed to fully inform him.

When your former client sells the house, his buyer has a radon test done that comes back high, and the buyer wants your previous client to pay for a mitigation system. Your client then comes to you, again claiming that you didn't fully inform him.

I have every buyer who declines to have a radon test done sign a document similar to this one.

[Marc]

Joe, shouldn't the signature lines be at the bottom of ther document?

Marc

[Inspectorjoe]

I don't know, Marc. Would it make a difference?

The form I use doesn't contain the Radon Facts info below the two choices, so it's a moot point for me.

[Les]

Joe, not to be picky but that document could use a little help!

Where did you get your facts from?

Is it a marketing piece or just your world famous opinion that was not asked?

Why would you risk strongly recommending anything?

Where is is written that you even have to consider radon gas screening?

Is this a preferred form for some radon proficiency org?

[Inspectorjoe]

Joe, not to be picky but that document could use a little help!

Where did you get your facts from?

They're not my facts, Les. In my reply to Marc (just above yours), I stated that I don't use them. You may have posted before seeing that.

Is it a marketing piece or just your world famous opinion that was not asked?

What's with the smarminess?

Why would you risk strongly recommending anything?

What is the risk of a strong recommendation? Roughly half the unmitigated houses that I test have radon levels above 4 pCi/L. My service area is located on the Reading Prong. "Geologists have located a formation known as the Reading Prong which contains elevated levels of uranium and thorium." The Pennsylvania Radon Story

Where is is written that you even have to consider radon gas screening?

The EPA's Home Buyer's and Seller's Guide to Radon. I give a hard copy to every buyer.

Is this a preferred form for some radon proficiency org?

I found that particular form through a Google search. I have no idea who it belongs to. It's obviously geared toward use in North Georgia. That form was apparently based on one authored by Dallas Jones, formerly of Radalink.com. I built mine around his, not the one I linked to.

[Les]

Joe,

Not personal, just looking at a disclosure that may be viewed as a contract or agreement.

Could be the grammar got the best of me!

There is much difficulty establishing what an inspector must know and what he/she actually knows. How can I be held responsible for a condition or issue that I have no knowledge about, nor made any representation that I do know. Most inspectors get into trouble when they engage in puffery; "When I am done with this inspection you and yours will be safe." Or in this case, exactly how valid is the 48hr radon screening? Yep, it may be recommended, but is it meaningful(valid) when done over a couple of days in the middle of January in upper Michigan when it is -30degrees? I'm not saying it is wrong, just borderline silly. We perform approx 500screenings per year and I would like to say they were all quite meaningful - they indicate the radon level in that area over that period of time.

I do know Dallas.

[inspector808]

I am with you Scott, I don't see a huge liability issue here either. However, he didn't try to make any extra $$ from me. He didn't offer to write a radon agreement, just recommended I look around in the, as he called it, "radon industry", for a suitable agreement.