Radon and Real Estate by Jeff Miner Radon

Radon and Real Estate by Jeff Miner Radon At Tahoe

Continuous Electronic Radon Tester

Do It Yourself Manual

Radon and Real Estate Basic Education n Remediation n Finding Credible Support n Avoiding Liability n How to Develop a Radon Strategy n

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

Radon Movement

Why Is Radon a Problem at Tahoe? Radon causes lung cancer n Granite soils contain Uranium, hence radon. n Over half the houses in South Lake Tahoe are over the EPA action level.

n EPA Nevada Radon Map

n EPA California Radon Map

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

Three Studies n California – 1989 n Nevada – 1991 n Tahoe Radon Survey - 2007

California DHS statewide radon study 1988 -89 n “The Sierra Nevada region was significantly higher than other areas…. ” n Estimated that 11 -45% of homes are above the U. S. EPA action level. n Action taken: None

n Nevada 1991 Radon Survey Zephyr Cove: 69%* of homes over the EPA Action Level * The highest in the state! n Action Taken: None

Tahoe Radon Survey 2007 n 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 n 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. n

Percent of homes over 4 p. Ci/L 2007 Tahoe Radon Survey

Radon in 14 Sierra Nevada Communities

Radon in South Lake Tahoe

Borders Don’t Stop Radon

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

National Association of Realtors has joined the EPA and DEP in recommending that EVERY house be tested for radon.

Cancer Survivors Against Radon Cansar. org

Cancer Survivors Against Radon Cansar. org Real Estate agent for 31 years n Never tested his own home n Lung cancer victim n Found 10 p. Ci/L n Clients now get a very personal testimony about importance of testing For radon n

Increased Public Awareness

Radon Tests NOT recommended Real Estate Transactions Charcoal Test Kits Not Tamper Proof n Continuous Radon Monitors n

Tamper-Proof Radon Testing for Real Estate

California Certified Radon Testers

Certified Radon Mitigators in California

Certified Radon Mitigators in California

Training

Crawl Space Foundation Mitigation

Slab Foundation Mitigation

Backdrafting n Carbon monoxide poisoning

Building Radon Out

Radon Ready New Construction – RRNC On Slab Foundation

Soil Gas Collection Matting

The Role of Real Estate Professionals Today, 75 percent of all radon tests occur as a result of a real estate transaction. n Therefore, real estate professionals play a pivotal role in helping the buyer obtain radon information. n

Radon Testing – Real estate professionals role n 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 n Picking up the test device n Closing or sealing the device n Sending the device for analysis n

Types of Potential Liability if Testing Not Done Properly: Negligence n Fraud n Misrepresentation n 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. n

Fraud/Misrepresentation “Radon is not a problem in this neighborhood because it has not been found at high levels. ” n “Radon is not really a health hazard. ” n “I don’t think this property has high radon levels. ” n

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

Liability n n n n 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

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

International Building Code

Radon Ordinance RRNC Radon Resistant New Construction

EPA Web Page: Radon and Real Estate http: //www. epa. gov/radon/realestate. html

The Top Ten Reasons to Have a Radon Strategy n May I have the envelope, please…

The Top Ten Reasons to Have a Radon Strategy n Reason # 10 n Timing is everything: You take care of “The Radon Problem” at the beginning of process, not at end.

The Top Ten Reasons to Have a Radon Strategy n Reason # 9 n Publicity: You are in control. You have the tools you need to respond to customer questions.

The Top Ten Reasons to Have a Radon Strategy n Reason # 8 n Testing: You control who does the test, what equipment they use and when it is done.

The Top Ten Reasons to Have a Radon Strategy n Reason # 7 n A Written Strategy: It’s your hard core proof that you are using due diligence if challenged or sued.

The Top Ten Reasons to Have a Radon Strategy n Reason # 6 n Education: Just having a Radon Strategy will encourage you to learn more about radon and what to say and what not to say.

The Top Ten Reasons to Have a Radon Strategy n Reason # 5 n You have a Team: You know who to call for testing, who to call for remediation, who to call for support.

The Top Ten Reasons to Have a Radon Strategy n Reason # 4 n Liability You avoid Fraud, Misrepresentation, and Negligence because you are prepared.

The Top Ten Reasons to Have a Radon Strategy n Reason # 3 n You help prevent cancer A great service to your clients and human kind.

The Top Ten Reasons to Have a Radon Strategy n Reason # 2 n You can help create a Radon Safe Tahoe, one house at a time. and now …. (drum roll………)

The Top Ten Reasons to Have a Radon Strategy n Reason # 1 Because it’s the Right Thing To Do

The Top Ten Reasons to Have a Radon Strategy n. Real Reason # 1 n 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.

Plan B n No Radon Strategy: Hear Nothing n See Nothing n Do Nothing n

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

Help Make Tahoe Radon Safe Thank You Jeff Miner Radon at Tahoe

Radon in Rental Housing n n n Environmental Law Institute Radon in Rental Housing: Legal and Policy Strategies for Reducing Health Risks Initiatives targeted at reducing exposure to high radon levels in rental housing 1994, $18 http: //www. elistore. org/reports_detail. asp? ID=343 Funds may be available to reduce high radon levels in rental housing There 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 (202) 708 -3587. "203 k" program - funds rehabilitation and repair of single family homes. For more information, call HUD at (202) 708 -2121. 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 (800) 9626215.

El Dorado County Community Update

Radon and Real Estate Sales

Newborn Radon Program

Conclusion n Real estate professionals can play an important role in ensuring that radon testing is properly conducted…and protecting Tahoe residents from lung cancer.

EPA Radon TV Spots

“…because it’s the right thing to do” Wilford Brimley