Expert: Dick Dennis - 6/9/2008

Question
QUESTION: Dick,

I have a contract to sell my house and the buyer did a radon test and the
levels came up at 3.7, which is below the EPA recommend level of 4.0. The
buyer think that I should put in a system to get the levels lower (this house
has a walk out basement, and has been shut up for over 14 months). Also the
system cost $2000. They are getting the house below market value (yes,
really). I believe that as the seller we met our obligation, however at this point
they are trying to scare us by tell us that they will back out of the deal. They
are are trying to say that they can't get insurance, which we know that they
can, and they are trying to tell us that the mortgage company will not give
them a mortgage because of the radon. What do you think the realtor should
do at this point or us.

ANSWER: Sounds like you have a stubborn buyer all right. And as long as you have abided by the contract, it would seem to me that you have a leg to stand on should it be taken to court. It looks to me like the buyer is looking for ANY excuse to pull out of the deal for whatever reason. As long as the EPA level is legal, you tell your agent that he/she should represent you and YOUR interests and get the transaction closed. Period. To show that you mean business, go talk to a REAL ESTATE attorney and get his/her assessment of this. I wish you well.

Dick Dennis

---------- FOLLOW-UP ----------

QUESTION: Dick,

How do you feel about agents using email more than the phone when
discussing contracts, and issues concerning contracts? I have an agent who
will email and I have to pick up the phone to follow thru with the
conversation. Is this the new norm and I am old fashion????

Answer
Just a matter of choice, Liz. It all depends on the situation and the transaction. One thing that is good for both parties with email is that whatever was said and understood is now in writing so neither party can deny what was agreed upon. You take care.

Dick Dennis