Radon levels in dispute but sellers are broke
Q. My husband and I purchased out first home a short time ago. During the home inspection, the radon came in high. The sellers agreed to install a radon mitigation system to bring the radon level down to an acceptable level.
As we got closer to closing, our attorney was asking for the updated radon test to make sure the system was working and the level was where it should be. The sellers kept telling us we would have an acceptable test at closing. Well closing came and although it appears the mitigation system is in, they had all sorts of excuses why the test wasn't available. Our attorney demanded that $2,000 be held back from the seller's funds to guaranty a satisfactory test. Unfortunately, the sellers had to bring a few dollars to the closing and there were no seller's funds. The seller's attorney told us the sellers had no money and we could either close or not close.
Of course, we had to close as we had a moving van full of our stuff and we had nowhere else to go.
We had another test done a few days after we moved in and the level is still too high. We contacted the company that installed the system and they tell us the system is working and their test showed the level at an acceptable level, though they have no proof of that.
Our attorney tells us there is not much we can do at this point other than sue the sellers and maybe also the contractor.
Suing the seller does not seem like a smart move as they have moved out of state and from what we hear, they are broke. Wondering what your thoughts are on filing a lawsuit against the company that installed the mitigation system. They spoke to us a couple times but will no longer answer our calls.
A. Hard to believe the radon contractor won't stand by his or her work.
I would contact a more reputable contractor, have them evaluate the situation and determine what will be required to remedy the problem.
Installing a system from scratch usually costs less than $2,000 so if the current system is at least partly functional, one would think it wouldn't take much to get it to where it needs to be.
Another option would be a demand letter from your attorney to the contractor to rectify the situation.
A lawsuit would probably not be a good idea unless you were willing to file a pro se (similar to people's court) lawsuit. Paying an attorney to chase $1,500 or $2,000 is never a good idea.
Q. I have someone interested in purchasing my home even though I have not listed it or taken any action to sell it.
The more I think about it, moving may not be such a bad idea as the steps in this place are killing me.
I am terrified though of the prospect of not finding someplace I want to move to in time. Is there a way to agree on a contract but allow me an out if I can't find someplace I want to go?
A. Sure.
Either you or your attorney during the attorney review period can add a provision that states that in the event you cannot find a suitable place to live on or before a certain date, you can give notice to your buyer terminating the contract.
You would likely need to extend the closing date out further than customary as your buyer will not wish to incur appraisal or home inspection costs during the period that you have the option to terminate the transaction.
Given that your prospective purchaser approached you without you marketing the property, it's likely they would go along with this request.
• Send your questions to attorney Tom Resnick, 345 N. Quentin Road, Palatine, IL 60067, by email to tom@thomasresnicklaw.com or call (847) 359-8983.