Radon level can be contentious in sale negotiations

Q. My husband and I signed a contract to purchase our first home. We did a radon test as part of the home inspection. The test showed the radon levels were above the EPA guidelines. We asked the seller to install the equipment necessary to reduce the radon level below the action level. The seller refused.

Isn't this a safety issue? Can the seller sell the property to someone else and not tell them about the radon? We walked away but are now wondering if we should not have been more forceful.

A. A typical home inspection contingency provides that the purchaser(s) shall have the opportunity to conduct a professional inspection of the property. Based on that inspection, the purchasers then may request the seller(s) to address issues raised in the inspection. No contract I have ever reviewed provides that the seller is under any obligation to address an inspection issue, regardless of whether or not it is a safety issue.

You didn't indicate what the radon reading was, but often these readings come in close to the EPA action level of 4.0 pCi/L. As most experts in this area would tell you, radon levels fluctuate day to day and even hour to hour, based on a number of factors. A test result of 4.2 today might be a 3.8 if the test were conducted next week. This is why sellers sometimes balk at incurring the cost of a mitigation system when the reading is close to 4.0.

In regards to disclosure, sellers are required to disclose known defects to prospective purchasers. Of course, what constitutes a "defect" is not defined. A roof that leaks is clearly a defect. A radon reading of 4.1? Not sure, though I would guess many attorneys would consider that a defect given that it exceeds EPA guidelines.

Q. I got divorced about five years ago. Part of our agreement was that I could remain in the house until our youngest child graduated high school. At that time, I would either have to refinance the loan or sell the property, as my ex wanted to be off the mortgage.

I am now ready to refinance. My mortgage company says I need a quitclaim deed from my ex because he is still shown as an owner of the house.

I have not seen or heard from him in more than three years. All attempts to locate him have failed. I tried calling his old attorneys but they are no help. My mortgage company says they cannot proceed until I get this deed.

Any help you could give me would be appreciated.

A. First, as this is a common provision in marital settlement agreements, a bit of advice. When you enter into an agreement such as this, where one party agrees to convey title at some future date in exchange for being removed from the mortgage obligation, have the quitclaim deed executed at the time the judgment is entered. One of the attorneys can hold the deed until the refinance or sale occurs. This way, you avoid your situation of having to track down a long-lost ex spouse.

Of course, this doesn't help you. So, plan B would be to file a petition in the court that entered your divorce judgment. Ask the court to execute a judicial deed in lieu of your ex executing the deed. Presuming the judge agrees to execute the deed, this will accomplish removing your ex from the title and allowing you to proceed with your refinance.

• Send your questions to attorney Tom Resnick, 345 N. Quentin Road, Palatine, IL 60067, by email to tdr100@hotmail.com or call (847) 359-8983.