Radon and Real Estate by Jeff Miner Radon At Tahoe

Continuous Electronic Radon Tester

Do It Yourself Manual

Radon and Real Estate Basic Education Basic Education Remediation Remediation Finding Credible Support Finding Credible Support Avoiding Liability Avoiding Liability How to Develop a Radon Strategy How to Develop a Radon Strategy

A Radon Strategy for Real 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, builders, and other “like minded” real estate agents. Network with mitigators, testers, builders, and other “like minded” real 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 fixed All radon problems can be fixed

Radon Movement

Why Is Radon a Problem at Tahoe? Radon causes lung cancer Radon causes lung cancer Granite soils contain Uranium, hence radon. Granite soils contain Uranium, hence radon. Over half the houses in South Lake Tahoe are over the EPA action level.

EPA Nevada Radon Map EPA Nevada Radon Map

EPA California Radon Map EPA California Radon Map

Natural Hazard Disclosure JCP, Hirst, First American and others JCP, Hirst, First American and others All use EPA Radon maps All use EPA Radon maps All show Tahoe as a “moderate radon area” All show Tahoe as a “moderate radon area” This is misleading and inaccurate but legal This is misleading and inaccurate but legal Radon zone maps are being developed by California Geological Survey Radon zone maps are being developed by California Geological Survey

Three Studies California – 1989 California – 1989 Nevada – 1991 Nevada – 1991 Tahoe Radon Survey Tahoe Radon Survey

California DHS statewide radon study “The Sierra Nevada region was significantly higher than other areas….” “The Sierra Nevada region was significantly higher than other areas….” Estimated that 11-45% of homes are above the U.S. EPA action level. Estimated that 11-45% of homes are above the U.S. EPA action level. Action taken: None Action taken: None

Nevada 1991 Radon Survey Zephyr Cove: 69%* of homes over the EPA Action Level * The highest in the state! Nevada 1991 Radon Survey Zephyr Cove: 69%* of homes over the EPA Action Level * The highest in the state! Action Taken: None Action Taken: None

Tahoe Radon Survey ,700 letters sent to addresses within the Tahoe Area including Sierra Nevada portions of : 7,700 letters sent to addresses within the Tahoe Area including Sierra Nevada portions of : El Dorado County El Dorado County Placer County Placer County Nevada County Nevada County Over 1,400 tests were received back Over 1,400 tests were received back Results showed that over 38% of homes in the Sierra Nevada and over 50% of homes in South Lake Tahoe are over the EPA action level. Results showed that over 38% of homes in the Sierra Nevada and over 50% of homes in South Lake Tahoe are over the EPA action level.

Percent of homes over 4 pCi/L 2007 Tahoe Radon Survey

Radon in 14 Sierra Nevada Communities

Radon in South Lake Tahoe

Borders Don’t Stop Radon

What can you say? New Sierra Radon maps are being developed New Sierra Radon maps are being developed Hazard Disclosure Statements use county-based EPA radon maps which may not reflect true risk Hazard Disclosure Statements use county-based EPA radon maps which may not reflect true risk Half the houses tested in SLT are over the EPA action limit Half the houses tested in SLT are over the EPA action limit HUD recommends that all houses include a radon test as part of a home inspection. HUD recommends that all houses include a radon test as part of a home inspection. Recognized authorities recommend you test your house for radon Recognized authorities recommend you test 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 Radon Cansar.org

Real Estate agent for 31 years Real Estate agent for 31 years Never tested his own home Never tested his own home Lung cancer victim Lung cancer victim Found 10 pCi/L Found 10 pCi/L Clients now get a Clients now get a very personal testimony about importance of testing For radon

Increased Public Awareness

Radon Tests NOT recommended Real Estate Transactions Charcoal Test Kits Not Tamper Proof Charcoal Test Kits Not Tamper Proof Continuous Radon Monitors Continuous Radon Monitors

Tamper-Proof Radon Testing for Real Estate

California Certified Radon Testers

Certified Radon Mitigators in California

Training

Crawl Space Foundation Mitigation

Slab Foundation Mitigation

Backdrafting Carbon monoxide poisoning Carbon monoxide poisoning

Building Radon Out

Radon Ready New Construction – RRNC On Slab Foundation

Soil Gas Collection Matting

The Role of Real Estate Professionals Today, 75 percent of all radon tests occur as a result of a real estate transaction. Today, 75 percent of all radon tests occur as a result of a real estate transaction. Therefore, real estate professionals play a pivotal role in helping the buyer obtain radon information. Therefore, real estate professionals play a pivotal role in helping the buyer obtain radon information.

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

Types of Potential Liability if Testing Not Done Properly: Negligence Negligence Fraud Fraud Misrepresentation Misrepresentation There was a case where three real estate professionals who were successfully sued for failure to disclose the true radon levels found in a house for sale. There was a case where three real estate professionals who were successfully sued for failure to disclose the true radon levels found in a house for sale.

Fraud/Misrepresentation “Radon is not a problem in this neighborhood because it has not been found at high levels.” “Radon is not a problem in this neighborhood because it has not been found at high levels.” “Radon is not really a health hazard.” “Radon is not really a health hazard.” “I don’t think this property has high radon levels.” “I don’t think this property has high radon levels.”

Avoiding Liability Know the basics about radon. Know the basics about radon. Refer clients to radon experts for non-routine questions. Refer clients to radon experts for non-routine questions. Encourage the buyer to get a radon test Encourage the buyer to get a radon test Full disclosure of a radon test result and subsequent mitigation work must be provided by seller to buyer at contract of sale. Full disclosure of a radon test result and subsequent mitigation work must be provided by seller to buyer at contract of sale. Do not participate in any aspect of the actual testing. Do not participate in any aspect of the actual testing.

Liability Landmark lawsuit in Pennsylvania, $30,000 Landmark lawsuit in Pennsylvania, $30,000 Ignorance of the law is no excuse Ignorance of the law is no excuse Presumption of knowledge of the area Presumption of knowledge of the area Weigh the risk of losing a sale vs. liability Weigh the risk of losing a sale vs. liability Natural Hazard Disclosure statement is misleading Natural Hazard Disclosure statement is misleading National and State Real Estate Associations recommend being up front (CAR, NAR) National and State Real Estate Associations recommend being up front (CAR, NAR) A Radon Strategy minimizes liability A Radon Strategy minimizes liability

Escrow Accounts Hold back instructions Hold back instructions After a sale closes After a sale closes To fund radon mitigation To fund radon mitigation Contingent upon the results of a long-term test (91 days or more) Contingent upon the results of a long-term test (91 days or more) If test is below EPA action level, money is returned to seller If test is below EPA action level, money is returned to seller

International Building Code

Radon Ordinance RRNC Radon Resistant New Construction

EPA Web Page: Radon and Real Estate

The Top Ten Reasons to Have a Radon Strategy May I have the envelope, please… May I have the envelope, please…

The Top Ten Reasons to Have a Radon Strategy Reason # 10 Reason # 10 Timing is everything: Timing is everything: You take care of “The Radon Problem” at the beginning of process, not at end.

The Top Ten Reasons to Have a Radon Strategy Reason # 9 Reason # 9 Publicity: Publicity: You are in control. You have the tools you need to respond to customer questions.

The Top Ten Reasons to Have a Radon Strategy Reason # 8 Reason # 8 Testing: Testing: You control who does the test, what equipment they use and when it is done.

The Top Ten Reasons to Have a Radon Strategy Reason # 7 Reason # 7 A Written Strategy: A Written Strategy: It’s your hard core proof that you are using due diligence if challenged or sued.

The Top Ten Reasons to Have a Radon Strategy Reason # 6 Reason # 6 Education: Education: Just having a Radon Strategy will encourage you to learn more about radon and what to say and what not to say.

The Top Ten Reasons to Have a Radon Strategy Reason # 5 Reason # 5 You have a Team: You have a Team: You know who to call for testing, who to call for remediation, who to call for support.

The Top Ten Reasons to Have a Radon Strategy Reason # 4 Reason # 4 Liability Liability You avoid Fraud, Misrepresentation, and Negligence because you are prepared.

The Top Ten Reasons to Have a Radon Strategy Reason # 3 Reason # 3 You help prevent cancer You help prevent cancer A great service to your clients and human kind.

The Top Ten Reasons to Have a Radon Strategy Reason # 2 Reason # 2 You can help create a Radon Safe Tahoe, one house at a time. You can help create a Radon Safe Tahoe, one house at a time. and now …. (drum roll………) and now …. (drum roll………)

The Top Ten Reasons to Have a Radon Strategy Reason # 1 Reason # 1 Because it’s the Right Thing To Do

The Top Ten Reasons to Have a Radon Strategy Real Reason # 1 Real Reason # 1 Make More Make More Money Money You develop a reputation as an agent who has radon under control, part of doing business, just a bump in the road on the way to a completed sale. on the way to a completed sale.

Plan B No Radon Strategy: Hear Nothing See Nothing Do Nothing

A Radon Strategy for Real 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 call Have a dependable, certified TEAM to call Network with mitigators, testers, builders, and other “like minded” real estate agents. Network with mitigators, testers, builders, and other “like minded” real estate agents. Understand liability issues Understand liability issues Use hold back instructions after escrow closes Use hold back instructions after escrow closes All radon problems can be fixed All radon problems can be fixed

Help Make Tahoe Radon Safe Thank You Thank You Jeff Miner Jeff Miner Radon at Tahoe Radon at Tahoe

Radon in Rental Housing Environmental Law Institute Radon in Rental Housing: Legal and Policy Strategies for Reducing Health Risks Initiatives targeted at reducing exposure to high radon levels in rental housing 1994, $18 Environmental Law Institute Radon in Rental Housing: Legal and Policy Strategies for Reducing Health Risks Initiatives targeted at reducing exposure to high radon levels in rental housing 1994, $ Funds may be available to reduce high radon levels in rental housing There are some federal programs that might be used to help fund radon reduction in homes that are affordable to limited income families. These programs generally give money to local agencies or groups, which then fund the work. Some examples are: Funds may be available to reduce high radon levels in rental housing There are some federal programs that might be used to help fund radon reduction in homes that are affordable to limited income families. These programs generally give money to local agencies or groups, which then fund the work. Some examples are: Community Development Block Grant (CDBG) program - funds rehabilitation and repair of affordable housing. For more information, call the U.S. Department of Housing and Urban Development (HUD) at (202) Community Development Block Grant (CDBG) program - funds rehabilitation and repair of affordable housing. For more information, call the U.S. Department of Housing and Urban Development (HUD) at (202) "203k" program - funds rehabilitation and repair of single family homes. For more information, call HUD at (202) "203k" program - funds rehabilitation and repair of single family homes. For more information, call HUD at (202) Environmental Justice Grants - funds community-based organizations and tribal governments addressing environmental concerns of people of color and low income communities. For more information, call EPA's Office of Environmental Justice at (800) Environmental Justice Grants - funds community-based organizations and tribal governments addressing environmental concerns of people of color and low income communities. For more information, call EPA's Office of Environmental Justice at (800)

El Dorado County Community Update

Radon and Real Estate Sales

Newborn Radon Program

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

That’s all Folks

EPA Radon TV Spots

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