What to do about radon testing in a new build home

[Panina]

So- the builder of our new home does not test for radon and will not do preventative work on the foundation as I requested.

I have reached out to some people in the community where our home is being built. Shockingly, some people have not tested for it at all- even a fireman! This is NH- the GRANITE state- where high levels of radon are almost everywhere.

My husband has a high incidence of lung cancer in his family. True- most were smokers, but still- he is very sensitive and I would not trust it. Bad enough the basement ceiling will have exposed insulation- something else we have to deal with.

So- do we pay for the builder to install the necessary radon migration thingamajig or do we wait until the house is built, test it then and if an issue, call in a company to fix it?

Also- should we get a building inspector on our own to check on this house as it is built? I am not sure how that works with a new build, but we cannot be up there to see every little thing being done.

Just a follow up on your thread. Like you the home we purchased is new construction with a basement. Upon the insistence of our Realtor we had a home inspection. Our home was completely built when we had the inspections and even though it was an expense it was the best money spent.

We did test positive for radon. It was right above the acceptable limit. The basement was already built with the radon pipes. Due to the report the builder added the fan and tested again and gave us proof that it was good.

More importantly the basic inspection showed some potential issues in the basement and recommended we hire an engineer which we did. The engineer went above and beyond and checked everything. There were issues. My other half asked if we should get out of the deal? The engineer said no, it is a great house and basement but you wants these things fixed now.

Bottom line was the builder ultimately did what needed to be done even though initially I heard otherwise.

My suggestion get your home inspected and tested before closing. Start doing your homework now to make sure you get the best one in the area. With proof in hand your builder will not want to lose the sale and will most likely fix any problems and you will have peace of mind.

 

[WinniWoman]

Just a follow up on your thread. Like you the home we purchased is new construction with a basement. Upon the insistence of our Realtor we had a home inspection. Our home was completely built when we had the inspections and even though it was an expense it was the best money spent.

We did test positive for radon. It was right above the acceptable limit. The basement was already built with the radon pipes. Due to the report the builder added the fan and tested again and gave us proof that it was good.

More importantly the basic inspection showed some potential issues in the basement and recommended we hire an engineer which we did. The engineer went above and beyond and checked everything. There were issues. My other half asked if we should get out of the deal? The engineer said no, it is a great house and basement but you wants these things fixed now.

Bottom line was the builder ultimately did what needed to be done even though initially I heard otherwise.

My suggestion get your home inspected and tested before closing. Start doing your homework now to make sure you get the best one in the area. With proof in hand your builder will not want to lose the sale and will most likely fix any problems and you will have peace of mind.

We want to get inspected before closing. Maybe do the walk through with us. I spoke with an inspector about it already. The thing is- will the builder go for it? Probably not. Our contract does not allow for it either as a contingency to close.

Which is where we will have to get our atty. involved.

Glad everything was resolved with your basement issues!

 

[pedro47]

Suggestion only...I would have the test done before closing and things that needed to be corrective fixed prior to closing; please have each item written down with a corrective date to have those items fixed prior to closing IMHO. A copy to the builder, the closering lawyer, the lendering bank and your copy. This is to protect you and your new home.

We had an excellent builder and he corrective everything that was not up to our satisfaction without charging us one penny more. A good builder will stand by his good name and his work men ship IMHO.
Good Luck.

 

[T_R_Oglodyte]

Which is where we will have to get our atty. involved.

Yes - this sounds like an attorney issue. Even if you don't get an attorney directly involved in the discussions, at least get some background so you know what the issues are that you will want to raise.

One issue that comes to mind is implied warranty or warranty of merchantability. The builder is providing a home for people to live in, which means the builder is obligated to provide a building that is suitable for occupation. Providing a building that contains a demonstrable and measurable health hazard would seem to run afoul of that requirement. That would apply unless your document contains some waiver language.

 

[pedro47]

Yes - this sounds like an attorney issue. Even if you don't get an attorney directly involved in the discussions, at least get some background so you know what the issues are that you will want to raise.

One issue that comes to mind is implied warranty or warranty of merchantability. The builder is providing a home for people to live in, which means the builder is obligated to provide a building that is suitable for occupation. Providing a building that contains a demonstrable and measurable health hazard would seem to run afoul of that requirement. That would apply unless your document contains some waiver language.

Points well stated T. R. Oglodyte.

 

[WinniWoman]

Yes - this sounds like an attorney issue. Even if you don't get an attorney directly involved in the discussions, at least get some background so you know what the issues are that you will want to raise.

One issue that comes to mind is implied warranty or warranty of merchantability. The builder is providing a home for people to live in, which means the builder is obligated to provide a building that is suitable for occupation. Providing a building that contains a demonstrable and measurable health hazard would seem to run afoul of that requirement. That would apply unless your document contains some waiver language.

I agree. But- well- NH is the Love Free or Die state. LOL!

How about Live Free BEFORE you Die? Ha! Ha!

 

[Panina]

I agree. But- well- NH is the Love Free or Die state. LOL!

How about Live Free BEFORE you Die? Ha! Ha!

Almost every new build has issues whether small or big. Builders hope you don’t get it inspected. More people don’t then do for new construction. Of course your builder doesn’t want to do anything more after he finishes. With your written inspection and if necessary engineer report the builder will reluctantly fix any issues to get the sure deal through.

 

[VacationForever]

My son hired an inspector on the same morning of the walkthrough for his new home, and after the issues were so-called fix, he paid a second time for the inspector to look at the final product. I highly recommend this for all. We did not do that for the first 2 homes that we bought, call it stupid, and there were problems. We did hire one for our current home and it worked out well.

 

[WinniWoman]

Well, my big fear has been realized. We tested the house for radon this past week using the kit the home isnpector gave us when he was here after our closing. We set it (2 vials) up exactly where (two steps up in the basement) and how he said to and left it out for 92 hours, recording the exact dates and times. Put it in the mail that same last day and got the results 2 days later. CRAZY HIGH LEVELS!

I am talking like 31 pCi/L average !!!!! I have not even read anything about levels like that in a home. The only info. I could dig up was that anything over 4 pCi/L is high! Holy cow!

So we quickly contacted a mitigation company recommended by our home inspector (who also did another home in this development) and the rep is coming out here next Friday. I see more $$, but really worried about our health- especially hubby's with breathing this. I exercise downstairs so I will open the windows a bit when down there for now. Unfortunately not a good time of year to open windows in the Northeast!

 

[geekette]

If your builder is open to it, I would get the mitigation system put in during construction and had the pipe run thru the wall. Our pipe is exposed, my friend’s pipe runs thru closet, space is at premium in our little house.

Yes, this.

Mine was put into existing home, hole in the basement floor, pipe runs to outside and up along my vinyl siding.

The testing kits are small, cheap and easy. I cannot recall what the system cost.

I would get an independent inspector, they may also do the radon testing. I would probably not use builder for radon mitigation system, find the best folks in the area for it and use them.

 

[geekette]

Well, my big fear has been realized. We tested the house for radon this past week using the kit the home isnpector gave us when he was here after our closing. We set it (2 vials) up exactly where (two steps up in the basement) and how he said to and left it out for 92 hours, recording the exact dates and times. Put it in the mail that same last day and got the results 2 days later. CRAZY HIGH LEVELS!

I am talking like 31 pCi/L average !!!!! I have not even read anything about levels like that in a home. The only info. I could dig up was that anything over 4 pCi/L is high! Holy cow!

So we quickly contacted a mitigation company recommended by our home inspector (who also did another home in this development) and the rep is coming out here next Friday. I see more $$, but really worried about our health- especially hubby's with breathing this. I exercise downstairs so I will open the windows a bit when down there for now. Unfortunately not a good time of year to open windows in the Northeast!

Certainly worth the money.

 

[AnnaS]

Well, my big fear has been realized. We tested the house for radon this past week using the kit the home isnpector gave us when he was here after our closing. We set it (2 vials) up exactly where (two steps up in the basement) and how he said to and left it out for 92 hours, recording the exact dates and times. Put it in the mail that same last day and got the results 2 days later. CRAZY HIGH LEVELS!

I am talking like 31 pCi/L average !!!!! I have not even read anything about levels like that in a home. The only info. I could dig up was that anything over 4 pCi/L is high! Holy cow!

So we quickly contacted a mitigation company recommended by our home inspector (who also did another home in this development) and the rep is coming out here next Friday. I see more $$, but really worried about our health- especially hubby's with breathing this. I exercise downstairs so I will open the windows a bit when down there for now. Unfortunately not a good time of year to open windows in the Northeast!

Oh boy.......you can't catch a break

 

[WinniWoman]

Oh boy.......you can't catch a break

Story of my life. I never get used to it, though.

 

[CalGalTraveler]

Sorry to hear about this. I would pursue the builder to mitigate. IMO, I am not a lawyer but I don't think a developer can force buyers to waive health hazards via a contract clause. That's like saying that they will knowingly build a home with moldy dry wall, or defective wood and buyers have to accept the risk because they agreed to it in a contract. If they mitigated it for other buyers, then they knew of the defect.

In California you have up to 10 years after the new home is built to file a claim for defects. Otherwise you will need to disclose this to any new buyers which will reduce the value of your home if not mitigated when you sell.

 

[WinniWoman]

Sorry to year about this. I would pursue the builder to mitigate. IMO, I am not a lawyer but I don't think a developer can force buyers to waive health hazards via a contract clause. That's like saying that they will knowingly build a home with moldy dry wall they bought second hand and buyers have to accept the risk.

In California you have up to 10 years after the new home is built to file a claim for defects. Otherwise you will need to disclose this to any new buyers which will reduce the value of your home if not mitigated when you sell.

I know but forget the builder. When he was doing the foundation we asked him- at our expense- to put in preventive stuff (gravel and polyethylene sheething to keep radon at bay) and he refused to do it. And he refused to let us do a radon test before the closing (or a home inspection for that matter). I do not believe it is a law here in NH or he would have done it.

This ain't no California! LOL!

 

[Panina]

Well, my big fear has been realized. We tested the house for radon this past week using the kit the home isnpector gave us when he was here after our closing. We set it (2 vials) up exactly where (two steps up in the basement) and how he said to and left it out for 92 hours, recording the exact dates and times. Put it in the mail that same last day and got the results 2 days later. CRAZY HIGH LEVELS!

I am talking like 31 pCi/L average !!!!! I have not even read anything about levels like that in a home. The only info. I could dig up was that anything over 4 pCi/L is high! Holy cow!

So we quickly contacted a mitigation company recommended by our home inspector (who also did another home in this development) and the rep is coming out here next Friday. I see more $$, but really worried about our health- especially hubby's with breathing this. I exercise downstairs so I will open the windows a bit when down there for now. Unfortunately not a good time of year to open windows in the Northeast!

I was told 50% of homes in my area that have basement have elevated radon levels, once the system is put in it will be safe. With basement windows open that should help alleviate the problem. I would keep them open even when you are not down there. It might cost you $800 to $1500 to get the mitigation system and then you will have peace of mind. You knew this was a risk. I have one installed in my house as my number were elevated and will test yearly. I would try to ask the builder and see if he will do.

 

[WinniWoman]

I was told 50% of homes in my area that have basement have elevated radon levels, once the system is put in it will be safe. With basement windows open that should help alleviate the problem. I would keep them open even when you are not down there. It might cost you $800 to $1500 to get the mitigation system and then you will have peace of mind. You knew this was a risk. I have one installed in my house as my number were elevated and will test yearly. I would try to ask the builder and see if he will do.

Yeah- but we can open them for a little bit each day, but it is cold here right now. Plus with our alarm system we have to close them at night anyway.

The builder hasn't even done any of his punch list items yet. I can ask but I doubt he will do anything about it.

 

[CalGalTraveler]

IMO...Since it is only $1500 I would ask one more time in writing and once your punch list is complete (and you are finished with them), then install and send the developer the bill. Let them know that they have built this home with known defects and need to mitigate. You will be sending your message to notify the state AG, state contractors board and health authorities next. Has the builder have unsold units in the development? If so, they would not want word of how badly they are treating new owners to spread, nor that they are knowingly building homes with health hazards.

 

[WinniWoman]

IMO...Since it is only $1500 I would ask one more time in writing and once your punch list is complete (and you are finished with them), then install and send the developer the bill. Let them know that they have built this home with known defects and need to mitigate. You will be sending your message to notify the state AG, state contractors board and health authorities next. Has the builder have unsold units in the development? If so, they would not want word of how badly they are treating new owners to spread, nor that they are knowingly building homes with health hazards.

See, amazingly there are no laws to require testing or mitigation in any real estate transaction. So notifying government agencies is useless. I don't have our purchase agreement contract out but I know this was addressed as a buyer's problem in it and the agreements are standardized and approved by the NH atty general.

Radon Articles - RadonResources.com

Many people ask if there are state radon laws that require homeowners to test or mitigate homes, especially if they're selling a property. Find out here.

radonresources.com

 

[bnoble]

Mitigation is relatively inexpensive. I would do it and wouldn't worry too much about it.