Legal Question in Real Estate Law in Massachusetts

Re: Disclosure in P&S of radon level over acceptable standard

The attorneys are trying to avoid a problem with the Buyers lender and complicating issues. I am not sure what level your radon test showed, but unless it is at a level that requires corrective action or there is a radon contingency clause, your Buyer has no expectation of you being liable for anything. This assumes you have disclosed your test results to the Buyer, which I assume is the case. There is a good explanation of Radon and its appropriate levels that can be obtained through the Department of Environment at Mass.gov.org.

Also, the test you are relying upon is how old and was done by whom. If it was done by the Buyer, then all you need to do is have a waiver from the Buyer on the issue of radon. You only get into a problem if you fail to disclose a problem of which you are aware.

You should know that Radon levels tend to be higher in the Winter than in Spring and Summer. Primarily because windows are closed and houses are sealed-up more as a general rule.

Please feel free to call me if you have other questions.