DISCLOSURE OF RADON GAS

Recent newspapers and real estate and building trade journals have been filled with articles warning of the dangers of radon gas. Radon gas is a colorless, odorless, radioactive gas which occurs naturally from the breakdown of uranium found in varying amounts in virtually ail soils. When allowed to dissipate in the open air, radon gas appears to pose little or no health risk.

Recent studies show that radon gas often becomes trapped and accumulates in homes and other buildings. Health officials now believe that high level accumulations of radon may pose significant health risks to the people living and working in affected structures.

What is the duty of licensed real estate brokers and salesmen concerning radon gas? Under Section 93A 6(aXI) of the Real Estate License Law, a licensee has a duty to disclose to prospective buyers and tenants ail material facts concerning the real estate which the licensee knows or about which he should know. The presence of hazardous levels of radon gas in a house or buliding would certainly be material to the average buyer or tenant. If a real estate agent knows that a dangerous level of radon is present in a house he or she has for sale or rent, his duty is clear: He must disclose it to all prospective buyers or tenants. But how is a real estate broker or salesman supposed to know if dangerous radon gas is present in a house?

Since it can't be detected by ordinary methods of observation, radon gas is a hidden or latent defect. Unless the agent is informed of the presence of the gas by the property owner or a quaffed inspector, then he cannot discover the gas by himself. As with other types of latent defects, brokers and salesmen have no duty to have the properties that they sell or rent tested for radon gas unless they have some reason to suspect that the 'gas may be present in hazardous levels. ^ -

Evidence which would give the ordinary real estate agent reason to suspect the presence of radon would include publicized reports that the instance of hazardous levels of the gas in other houses and buildings in the area is unusually high. Under such circumstances, a prudent agent would have the properties he sells or rents tested for the presence of radon or recommend to prospective buyers or tenants that they have the property inspected. Such tests can be performed at relatively little cost. The agent would disclose the results of the test to his blent (the seller or landlord of the property) and to every prospective buyer or tenant.

The agent may also wish to suggest to the parties that their contract or lease be conditioned upon a satisfactory radon test. Brokers and saiesmen are cautioned, however, that such a condition in the contract or lease will not reileve them of their duty under the License Law to inquire into the presence of radon gas when there is reason to do so and to disclose their findings to the parties.