Is the seller required to mitigate a home tested for radon that shows an average reading of 4.8 pCi/L under federal law?

Study for the New York Real Estate Institute (NYREI) Exam. Get ahead with flashcards and multiple choice questions, each accompanied by hints and explanations. Equip yourself with the knowledge to pass your exam confidently!

In the context of real estate transactions, when a home is tested for radon and the results show an average reading of 4.8 pCi/L, the seller is not federally mandated to mitigate the radon levels unless there is a specific agreement in the contract. The federal government provides guidelines and recommendations for radon mitigation, but these are not stringent legal requirements that compel action.

Mitigation decisions often fall within the purview of state and local laws, and in many aspects, they depend on the specific terms laid out in the sales contract between the buyer and seller. If any mitigation obligations are to be undertaken, they must be negotiated and agreed upon by both parties before finalizing the sale. Therefore, without a contractual obligation, the seller is not legally bound to address radon issues, making it crucial for buyers and sellers to communicate their expectations clearly during negotiations.

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