From Name
Leo Moorman

Stacy,
 
That is the normal way it goes here. Realtor or title company is
third party holder of the funds until the contract is satisfied.
 
If your written contract states the funds must be paid before your warranty
kicks in, you make a good point.
If your written contract does not state this, the realtor makes a good
point.
(disclaimer: I do not give legal advise, merely state what is
normal around here...)
 
The way I resolve that is not to get too upset about it, but get the
new fan in and do the work. Than get the check.  Let them know at this time
it does not matter in which order the money comes in, but that in these times
with tight operating cash flows that it would be nice to get a check when you
expect it as a small business, but that you understand they are worried the
problem is not going to be solved, so you can see the reason for their
anxiety too.  
 
Also keep in mind that some of the money may originally come from
the realtors' fees, as they possibly have made a deal about the radon to 
get the RE-transaction go through, and the realtor may be somewhat
defensive about handing his/her part over before the radon level is low (i.e.
the realtor wants to make sure that his/her's "problem and liability" is
solved).
 
So, in effect, these are the inconveniences we sometimes have to put up
with in this industry, and during real estate transactions.
 
A plumber can insist on getting the check the same day when a
plumbing leak is fixed. This is typically not the
case in the radon trade. We first have to prove it works as
promissed.
 
Again if you are in dire need of the funds every time you write a
contract you have to state it in the written contract and discuss it (around
here..) up front. 
 
Leo Moorman
 
    
 
 
In a message dated 8/14/2011 6:44:55 P.M. Mountain Daylight Time,
radonx@WOH.RR.COM writes:
We mitigated a home during a
real estate transaction and are under contract with the seller of the home. We
were to be paid at closing for the job. We installed and tested before closing
and found the levels dropped from 20 to 9. This is a 100 year old farm house
with wet clay under slab. We had two drops and a high suction fan and we are
positive we will get the levels down without much more trouble, this is not my
concern. The buyer’s agent called me and said she heard that we did not get
the levels down below 4.0. I explained the situation and have already been in
contact with the new owners. I informed her that our warranty will cover this
system and the radon level to under 4.0 and that there is nothing to worry
about. She stated that she has the check in her possession and cannot mail it
until we produce a test that is under 4.
 
How does this Realtor have
any legal right to even touch a check that is from a seller, not her client,
and is made out to our company? Let alone keep this payment from
us.
 
Stacy Busch,
RS197
Radon-X
937-833-6427
radonx@woh.rr.com
www.radonhiddendangers.com
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