Buyer will be in default if they do not proceed .

Radon tests are not common in my area.   Life and real estate involves negotiation.  

I agree with Debbie Gartner in that there is flucuation and winter months can make it spike.  Buyers need to make the decision of buying and retesting or walking away.

If they won't agree to split costs, and buyer wants house, move forward. You could also do a second test. Most radon remediation jobs are under $1000.00. the last one i did was $750.00

Sounds like it's in the buyer's court.  Sellers are not liable at all.  Buyer can remediate after or choose to forfeit deal and deposit if they'd rather live somewhere else.

It seems pretty cut and dry to me.

Also, I believe radon levels indoors tend to be worse in colder months, so I would explain that to them/refer them to sites about this/experts.

Michael - I think Candice A. Donofrio has a good answer on this one.

AZ: Presuming that Buyer is in their due diligence period, Buyer can request remediation, Seller can reject that request, if Buyer wants the property they can do it themselves--or be within their rights to cancel. 

If Seller was mine, and Buyer flatly refused to do it themself and would cancel if Seller refused, then I'd advise Seller to weigh the cost against 'starting over'.
If Buyer were mine, I would advise that they address this one way or the other, anything but ignore it. IN WRITING.

Get 3 remediation bids, escrow the average amount and do a long-term test. Short term tests can be affected by weather, time of year, etc.  Doesn't mean the seller will go for it, but I think it's worth a shot.

Radon readings in a given building over a period of time can vary depending upon conditions and possible measurement issues. Keep in mind that a home is not a laboratory.

Since 3.9 is very close to the tipping point, I would suggest that my buyer get another radon test from a highly regarded alternative source and compare readings. If the average turns out to require action then the buyer's demand for seller paid remediation has some contractural legs. If the average is below 4.0 then the buyer has bought some peace of mind.

BTW- I know of some folks with readings in the high 3s who mitigated anyway. Here it would be interesting to examine the possible risk reduction payoffs for mitigating down to the midway point in the 0-4 safety zone.           

You follow the terms of the contract.

That is a too little close for comfort

It's not 4. Release the buyer if they do not want to proceed. I would actually re-test myself to be sure it's ok.  But then .... if it's over 4 then the seller knows (actual knowledge) it should be remediated. Double edged sword here.

Split it 50/50 if buyer wants to buy and seller wants to sell??? then each should give in

it's up to the Buyer and Seller

Buyers  will have to pay for it .

Find another home if representing the buyer. Hold firm if representing the seller. This is a highly charged issue that needs to be dealt with at the most conservative and prudent level.

4.0 is the standard. If the buyer wants it lower than 3.9 it is on his dime!

If I am the listing agent I will stick up for the Seller and tell the Buyers agent to read the contract. To remediate here is $800 to $1K and 1 in 4 houses will come in high. If the Buyer likes the house it's hard to see them walking away over $800 +/=

Its a sellers market...tell the buyer to go find a perfect house.

Radon is not present here.  What are the options, I do not have any experience with this?

Ask the buyer if they're willing to walk from house over the radon mitigation system.

This is a tough one, however, it's below the 4.0 recommended mitigation level so I'm not sure the buyers have a leg to stand on.  The recommended  levels have been set and they fall below it.  Not sure about retesting because what if it comes in at 3.8?  You just spent another $100+ and it's close again but no cigar.  Plus, there are so many factors with radon like seasons, weather, how dry or wet the ground is or if the seller left windows open during the 48 hours test.  Also what kind of testing equipment used.  A continuous montior will show you the 15 minute increment measurements.  When I was a license radon measurement specialist I deployed a light, temperature, and humidity datalogger with every radon test to ensure no windows were open during the test.  Any drastic change in those three variables meant something was up.

What does the contract say? 

Here, as long as it is within the inspection period timeframe, they are good to exit for any reason and radon would acceptable (as would anything the buyer didn't like after seeing the house again). 

Lots of factors can play into this scenario, so this answer can go on forever, or at least I could go on forever about this response.

I have had circumstances where even if slightly over, the seller has pushed back to do a retest on his/her dime.

It is tough when it is so close for a buyer to accept - but below is below. 

I would remind the buyer that they can remediate as well if they are concerned.  

Would seem a shame for both parties to lose the deal over this.

EDUCATE - the buyer needs more information on what 3.9 means to them personally. Have them look into the EPA guildelines and understand what the ratings mean.

EDUCATE - the buyer and seller need to look at some remediation estimates to fully understand what it take to remediate in this particular property.

In my experience it's a matter of $2500 to remediate. Are both parties really going to walk over a couple grand? Data and details can help everyone figure this out.

In this case, I usually recommend the amount of remediation be split half and half, and it is usually approved.    If the seller does not agree, buyer can terminate per the inspection clause.

I am soooooo glad radon is not an issue here in west tennessee. 

Radon is a hot button with the mitigating companies reaping the benefits. EPA says they "recommend" action if above 4. Our state actually recommends action if above 2 (we actually lost a deal to this stat). They both say no level is safe. 

Specific to your business question, deals should not fall apart for $800 to $1,000, but often do. Sellers should think about being proactive and testing prior to listing. If above 4, they should either mitigate or, at the very least, negotiate a contract with the $1,000 cost in mind.

e contract will control here . But I would encourage a retest  

Since its the inspection, and since there really isn't anything you have to tell the seller, you could just walk away from the contract I suppose. I wouldn't suggest it to a client, but I guess they could.

Sinve I am not in a radon area I wonder what the cost of remediation is?

You negotiate for your buyer, but explain to them that the 3.9 reading is within the "safe" level.  If the seller refuses it does not give the right for the buyer to walk away in our state. 

If this buyer does not buy and the sellers does nothing but sell to another buyer who does not test...

REMEMBER The seller and Sellers Agent will still be responsible for disclosing the test results. Failure to do so could be a law suit of  the worst kind.  (And it could kill someone.)   If you have a person buying a home with a predisposition to cancer a 3.9 is as close to a 4.0 as one can get....

There are some buyers that won't buy a home that close to the action level. What We are talking about here a gas that is the 4th cause of lung cancer in the U.S. Exposure to Radon is also linked to Childhood Leukemia 

A 4.0 reading  means that at some point in the test went higher than 4.0

Good morning Radon. I have seen clients freak out because of radon, maybe suggesting the split the cost?

TeamCHI - Complete Home Inspections, Inc. it's a small cost for losing a house just on that one! Now if the buyer wants me to spend money on that - I'd say 'NO' for sure.

They should decide on what they want to spend to get the home.

Well, here the buyer could walk.  So the seller might be right and lose the sale.

Depends on who I was working for! That would make a difference.

inspections are done in a due diligence period in my state and buyer would walk and have EM returned if seller wouldn't negotiate the item.  But based on costs I'd tell my buyer to make sure he was doing what was long term best for him.

I don't know anything about radon gas, but it seems like the seller would be willing to remediate.

Michael, from sellers' perspective, I would think this issue is not going away just because buyer elect to move on.  Th Radon will remain, and every day on the market cost money.  I do not know how close seller is on their numbers, time frame, stress lewvel, etc. BUT I DON'T SEE IT GOING AWAY.  As their agent, I would tell them it is their call, and they are not obligated by this test to negotiate: but a second test with the weather we have been experiencing may be worse.  It is a lot to think about, but working with this buyer is probably their best way out.  Having the assurance that they helped the new owners have an increased sense of comfort is a reward in its own way.  This is not a spitting contest to see who can hit a can six feet away, but a coming to terms on a matter in which each has a vested interest.  At this writing, I strongly suspect decisions have been made on the subject property, but I believe the discussion carries a value beyond today.

Thanks for kicking the rock over so all may see...

The home inspection, and its findings, are covered in the CONTRACT between buyer and seller.  The condition of the home is "As Is."  However, there is the inspection contingency which is a provision in the contract.  The terms and conditions of the inspection contingency are found in the contract, and that includes the findings on a home inspection, and buyer repair requests, negoitation of repairs, etc.

What would I do?

I would go over the inspection contingency AGAIN with my buyer client and discuss what it means and what their obligated to do/not do, and the time frames involved.  Then they would need to decide what they wanted to do (make a repair request that Seller remediate, is one possibility), and then document the instructions of my client and proceed from there.

It is under 4.0  I would a

tell sellers to hold there ground

throw a beer bottle in the mix and you have a deal.  a line is drawn somewhere. what if it was 3.0 ? buyer still doesnt want it, yet under tolerances..sounds like buyer is sol if they pull out... but thats just me...

The Buyer is barking up the wrong tree. All the wanting in the World won't bring an action to the table in tis situation.

Retest, or accept the deal as is.

Interesting - we don't have an "action level", only acceptable guidelines. Maybe you should do another test - radon levels vary depending on barometric pressure. Tough call, even if slightly elevated - health issue.

There is nothing magical about the 4.0 number that the government selected under pressure from the public. So 3.9 could be dangerous or not. I would say it is the buyer's call to require it and the seller's call to say no. Repairs are always negotiable. 

If it's under the 4.0 level, there's no need for remediation. The buyers can remediate when they move in if they want to.

It depends upon who you represent.  In any event, they should be referred to their lawyer.

If I were the seller, I'd hold firm, as well, and if I were representing buyer I'd tell them until it hits 4.0 or more, seller not obligated to do anything. They could always spend money on a second or third test and see if results go above 4.0.

TeamCHI - Complete Home Inspections, Inc. Just because 4.0 is the action level, does that mean 3.9 is safer? Not hardly! Any amount of radioactivity is a risk. The buyer doesn't feel safe. They should negotiate a fix.

Looks like the buyer will have to make a choice to buy and remediate later.