Finding the perfect home near the Delaware coast is an achievement. But before you sign the paperwork, you must account for radon gas.
In Delaware, some houses statewide have elevated levels of radon. The law recognizes the danger of this gas, so it requires sellers to provide you with a radon disclosure. Understanding what this document is about can help you make an informed decision on purchasing a home.
What state law says about radon exposure
Under Delaware Code 2572A, every buyer of residential real property has the right to receive notice that the property may present a radon exposure. The seller and broker must provide you with these:
- Documented knowledge: Any data the seller possesses regarding radon hazards in the home
- Historical record: Copies of previous radon tests or inspections currently in the seller’s possession
- Educational resources: Materials designed to inform the buyer about radon
While the law mandates the disclosure, it is the standard Agreement of Sale that provides the mechanism for a test.
How radon test results affect your decision
Should you and the seller sign the Agreement of Sale, the inspection period begins. By the end of this, you must have the results in hand. A value of 4.0 picocuries per liter or greater may trigger contingency, depending on the contract’s provisions. At this point, you can accept the home as is, negotiate with the seller or cancel the contract.
Proceeding with caution
As a buyer, you deserve to live in a home free from health risks. However, the contractual language and nuances of real estate law can be overwhelming to navigate alone. Having an experienced attorney guide you through this process can ensure your health and investment are protected.