Radon and Real Estate

Radon and Radon and Real EstateReal Estate

by Jeff Minerby Jeff MinerRadon At TahoeRadon At Tahoe

Continuous Electronic Radon Continuous Electronic Radon TesterTester

Do It Yourself ManualDo It Yourself Manual

Radon and Real EstateRadon and Real Estate

Basic EducationBasic Education RemediationRemediation Finding Credible Support Finding Credible Support Avoiding LiabilityAvoiding Liability How to Develop a Radon How to Develop a Radon

StrategyStrategy

A Radon Strategy for A Radon Strategy for Real Estate ProfessionalsReal Estate Professionals

Become “Radon Smart”Become “Radon Smart” Be a problem solver Be a problem solver Act early in the sale Act early in the sale Have a dependable, “certified” TEAM Have a dependable, “certified” TEAM Network with mitigators, testers, Network with mitigators, testers,

builders, and other “like minded” real builders, and other “like minded” real estate agents.estate agents.

Understand liability issues Understand liability issues Hold back instructions allow sale to close Hold back instructions allow sale to close All radon problems can be fixedAll radon problems can be fixed

Radon MovementRadon Movement

Why Is Radon a Problem at Why Is Radon a Problem at Tahoe?Tahoe?

Radon causes lung cancerRadon causes lung cancer Granite soils contain Uranium, Granite soils contain Uranium,

hence radon. hence radon.

Over half the houses Over half the houses in South Lake Tahoe in South Lake Tahoe

are over the EPA action level.are over the EPA action level.

EPAEPANevada Nevada Radon Radon MapMap

EPAEPACaliforniaCaliforniaRadonRadonMapMap

Natural Hazard Natural Hazard DisclosureDisclosure

JCP, Hirst, First American and othersJCP, Hirst, First American and others All use EPA Radon mapsAll use EPA Radon maps All show Tahoe as a “moderate radon All show Tahoe as a “moderate radon

area”area” This is misleading and inaccurate but This is misleading and inaccurate but

legallegal

Radon zone maps are being developed Radon zone maps are being developed by California Geological Surveyby California Geological Survey

Three StudiesThree Studies

California – 1989California – 1989Nevada – 1991Nevada – 1991Tahoe Radon Survey - Tahoe Radon Survey -

20072007

California DHS statewide California DHS statewide radon study 1988-89radon study 1988-89

““The The Sierra Nevada regionSierra Nevada region was was significantly highersignificantly higher than other than other areas….” areas….”

Estimated that Estimated that 11-45%11-45% of homes are of homes are above the U.S. EPA action level.above the U.S. EPA action level.

Action taken: NoneAction taken: None

NevadaNevada1991 Radon 1991 Radon

SurveySurvey

Zephyr Cove:Zephyr Cove:

69%*69%*

of homes over the EPA of homes over the EPA Action LevelAction Level

* The highest in the * The highest in the state!state!

Action Taken: Action Taken: NoneNone

Tahoe Radon Survey Tahoe Radon Survey 20072007

7,700 letters sent to addresses within the 7,700 letters sent to addresses within the Tahoe Area including Sierra Nevada Tahoe Area including Sierra Nevada portions of :portions of :• El Dorado CountyEl Dorado County• Placer CountyPlacer County• Nevada CountyNevada County

Over 1,400 tests were received backOver 1,400 tests were received back Results showed that over 38% of homes Results showed that over 38% of homes

in the Sierra Nevada and over 50% of in the Sierra Nevada and over 50% of homes in South Lake Tahoe are over the homes in South Lake Tahoe are over the EPA action level. EPA action level.

Percent of homes over 4 pCi/L2007 Tahoe Radon Survey

Radon in 14 Sierra Nevada Radon in 14 Sierra Nevada CommunitiesCommunities

Radon in South Lake Radon in South Lake TahoeTahoe

Borders Don’t Stop Borders Don’t Stop RadonRadon

What can you say?What can you say? New Sierra Radon maps are being New Sierra Radon maps are being

developeddeveloped Hazard Disclosure Statements use county-Hazard Disclosure Statements use county-

based EPA radon maps which may not based EPA radon maps which may not reflect true riskreflect true risk

Half the houses tested in SLT are over the Half the houses tested in SLT are over the EPA action limit EPA action limit

HUD recommends that all houses include HUD recommends that all houses include a radon test as part of a home inspection.a radon test as part of a home inspection.

Recognized authorities recommend you Recognized authorities recommend you test your house for radontest your house for radon

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

Cancer Survivors Against Cancer Survivors Against Radon Radon Cansar.orgCansar.org

Cancer Survivors Against Cancer Survivors Against Radon Radon Cansar.orgCansar.org

Real Estate agent for 31 yearsReal Estate agent for 31 years Never tested his own homeNever tested his own home Lung cancer victimLung cancer victim Found 10 pCi/LFound 10 pCi/L Clients now get a Clients now get a

very personal testimony very personal testimony

about importance of testingabout importance of testing

For radonFor radon

Increased Public Increased Public AwarenessAwareness

Radon Tests NOT Radon Tests NOT recommended Real Estate recommended Real Estate

TransactionsTransactions Charcoal Test Kits Not Tamper Charcoal Test Kits Not Tamper

ProofProof Continuous Radon MonitorsContinuous Radon Monitors

Tamper-Proof Radon Tamper-Proof Radon Testing for Real EstateTesting for Real Estate

California Certified Radon California Certified Radon TestersTesters

Certified Radon Mitigators Certified Radon Mitigators in Californiain California

Certified Radon Mitigators Certified Radon Mitigators in Californiain California

TrainingTraining

Crawl Space Foundation

Mitigation

Slab FoundationSlab Foundation

MitigationMitigation

BackdraftingBackdrafting

Carbon monoxide poisoning Carbon monoxide poisoning

Building Building Radon OutRadon Out

Radon Ready New Construction – RRNC On Slab Foundation

Soil Gas Collection Soil Gas Collection MattingMatting

The Role of Real Estate The Role of Real Estate ProfessionalsProfessionals

Today, 75 percent of all radon tests Today, 75 percent of all radon tests occur as a result of a real estate occur as a result of a real estate transaction.transaction.

Therefore, real estate professionals Therefore, real estate professionals play a pivotal role in helping the play a pivotal role in helping the buyer obtain radon information.buyer obtain radon information.

Radon Testing – Real estate Radon Testing – Real estate professionals roleprofessionals role

Real estate professionals are Real estate professionals are precluded from performing any precluded from performing any portion of a test contracted by either portion of a test contracted by either the buyer or the homeowner. That the buyer or the homeowner. That includes:includes: Placing the test devicePlacing the test device Picking up the test devicePicking up the test device Closing or sealing the deviceClosing or sealing the device Sending the device for analysisSending the device for analysis

Types of Potential Liability Types of Potential Liability if Testing Not Done if Testing Not Done

Properly:Properly: NegligenceNegligence FraudFraud MisrepresentationMisrepresentation There was a case where three real There was a case where three real

estate professionals who were estate professionals who were successfully sued for failure to successfully sued for failure to disclose the true radon levels found disclose the true radon levels found in a house for sale.in a house for sale.

Fraud/MisrepresentationFraud/Misrepresentation

““Radon is not a problem in this Radon is not a problem in this neighborhood because it has not neighborhood because it has not been found at high levels.”been found at high levels.”

““Radon is not really a health Radon is not really a health hazard.”hazard.”

““I don’t think this property has high I don’t think this property has high radon levels.”radon levels.”

Avoiding LiabilityAvoiding Liability

Know the basics about radon.Know the basics about radon. Refer clients to radon experts for non-Refer clients to radon experts for non-

routine questions.routine questions. Encourage the buyer to get a radon testEncourage the buyer to get a radon test Full disclosure of a radon test result Full disclosure of a radon test result

and subsequent mitigation work must and subsequent mitigation work must be provided by seller to buyer at be provided by seller to buyer at contract of sale.contract of sale.

Do not participate in any aspect of the Do not participate in any aspect of the actual testing.actual testing.

LiabilityLiability

Landmark lawsuit in Pennsylvania, $30,000Landmark lawsuit in Pennsylvania, $30,000 Ignorance of the law is no excuseIgnorance of the law is no excuse Presumption of knowledge of the areaPresumption of knowledge of the area Weigh the risk of losing a sale vs. liabilityWeigh the risk of losing a sale vs. liability Natural Hazard Disclosure statement is Natural Hazard Disclosure statement is

misleadingmisleading National and State Real Estate Associations National and State Real Estate Associations

recommend being up front (CAR, NAR)recommend being up front (CAR, NAR) A A Radon StrategyRadon Strategy minimizes liability minimizes liability

Escrow AccountsEscrow Accounts

Hold back instructionsHold back instructions After a sale closesAfter a sale closes To fund radon mitigationTo fund radon mitigation Contingent upon the results of a Contingent upon the results of a

long-term test (91 days or more) long-term test (91 days or more) If test is below EPA action level, If test is below EPA action level,

money is returned to sellermoney is returned to seller

International Building International Building CodeCode

Radon Ordinance Radon Ordinance RRNCRRNC

Radon Resistant New ConstructionRadon Resistant New Construction

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

The Top Ten Reasons to The Top Ten Reasons to Have a Radon StrategyHave a Radon Strategy

May I have the envelope, please…May I have the envelope, please…


Reason # 10Reason # 10

Timing is everything: Timing is everything:

You take care of “The Radon Problem” You take care of “The Radon Problem” at the beginning of process, not at at the beginning of process, not at end.end.



Publicity: Publicity:

You are in control. You are in control. You have the tools you need You have the tools you need to respond to customer to respond to customer questions.questions.



Testing:Testing:

You control who does the test, You control who does the test, what equipment they use what equipment they use and when it is done.and when it is done.



A Written Strategy:A Written Strategy:

It’s your hard core proof that you are It’s your hard core proof that you are using due diligence if challenged or using due diligence if challenged or sued.sued.



Education:Education:

Just having a Radon Strategy will Just having a Radon Strategy will encourage you to learn more about encourage you to learn more about radon and what to say and what not radon and what to say and what not to say.to say.



You have a Team:You have a Team:

You know who to call for testing, who You know who to call for testing, who to call for remediation, who to call to call for remediation, who to call for support.for support.



LiabilityLiability

You avoid Fraud, Misrepresentation, You avoid Fraud, Misrepresentation, and Negligence because you are and Negligence because you are prepared. prepared.



You help prevent cancerYou help prevent cancer

A great service to your clients and A great service to your clients and human kind.human kind.



You can help create You can help create a Radon Safe Tahoe, a Radon Safe Tahoe, one house at a time. one house at a time.

and now …. (drum roll………)and now …. (drum roll………)


Reason # 1 Reason # 1

Because it’s theBecause it’s the

Right Thing Right Thing

To DoTo Do


Real Reason # 1Real Reason # 1 Make More Make More

MoneyMoneyYou develop a You develop a reputationreputation as an agent as an agent

who has who has radon under controlradon under control, , part of doing business, part of doing business, just a bump in the roadjust a bump in the road

on the way to a completed sale.on the way to a completed sale.

Plan BPlan B

No Radon Strategy:

Hear Nothing See Nothing Do Nothing

A Radon Strategy for A Radon Strategy for Real Estate ProfessionalsReal Estate Professionals

Become “Radon Smart”Become “Radon Smart” Be a problem solver Be a problem solver Act early in the sale Act early in the sale Have a dependable, certified TEAM to callHave a dependable, certified TEAM to call Network with mitigators, testers, builders, Network with mitigators, testers, builders,

and other “like minded” real estate agents.and other “like minded” real estate agents. Understand liability issues Understand liability issues Use hold back instructions after escrow Use hold back instructions after escrow

closes closes All radon problems can be fixedAll radon problems can be fixed

Help Make Tahoe Radon Help Make Tahoe Radon SafeSafe

Thank YouThank You

Jeff MinerJeff Miner

Radon at TahoeRadon at Tahoe

Radon in Rental HousingRadon in Rental Housing

Environmental Law InstituteEnvironmental Law InstituteRadon in Rental Housing: Legal and Policy Strategies for Reducing Health Radon in Rental Housing: Legal and Policy Strategies for Reducing Health RisksRisksInitiatives targeted at reducing exposure to high radon levels in rental housing Initiatives targeted at reducing exposure to high radon levels in rental housing

1994, $181994, $18http://http://www.elistore.org/reports_detail.asp?IDwww.elistore.org/reports_detail.asp?ID=343 =343

Funds may be available to reduce high radon levels in rental housingFunds may be available to reduce high radon levels in rental housingThere are some federal programs that might be used to help fund radon There are some federal programs that might be used to help fund radon reduction in homes that are affordable to limited income families. These reduction in homes that are affordable to limited income families. These programs generally give money to local agencies or groups, which then fund programs generally give money to local agencies or groups, which then fund the work. Some examples are:the work. Some examples are:

Community Development Block Grant (CDBG) programCommunity Development Block Grant (CDBG) program - funds - funds rehabilitation and repair of affordable housing. For more information, call the rehabilitation and repair of affordable housing. For more information, call the U.S. Department of Housing and Urban Development (HUD) at (202) 708-U.S. Department of Housing and Urban Development (HUD) at (202) 708-3587.3587.

"203k" program"203k" program - funds rehabilitation and repair of single family homes. For - funds rehabilitation and repair of single family homes. For more information, call HUD at (202) 708-2121.more information, call HUD at (202) 708-2121.

Environmental Justice GrantsEnvironmental Justice Grants - funds community-based organizations and - funds community-based organizations and tribal governments addressing environmental concerns of people of color and tribal governments addressing environmental concerns of people of color and low income communities. For more information, call EPA's Office of low income communities. For more information, call EPA's Office of Environmental Justice at (800) 962-6215. Environmental Justice at (800) 962-6215.

http://www.elistore.org/reports_detail.asp?ID=343%20



El Dorado CountyCommunity Update

Radon and Real Estate Radon and Real Estate SalesSales

Newborn Radon Newborn Radon ProgramProgram

ConclusionConclusion

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

EPA Radon TV SpotsEPA Radon TV Spots

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

Wilford BrimleyWilford Brimley

Radon and Real Estate

Documents

radon strategya radon

radon cansar

radon problems

nonetahoe radon survey

moderate radon areathis

new sierra radon maps

radon survey zephyr

countybased epa radon