Re: [RNPROF] Testing

Brian
Regarding your liability:  When you and a client agree that you will provide a service, and they will pay you, you have a contract (even if it is not in writing). It is implied in that contract that you have a fiduciary responsibility to represent their best interest, even if it hurts someone else (think plaintiffs attorney).  I think that means that if you had been hired by the seller (you hadn't), you would have a legal obligation to follow his instructions and withhold information about the vent status from the buyers.  So, unaware that the vents need to be open, the buyer could move in, close the vents, and die of lung cancer.
I think we have a moral obligation to do no harm.  It's every business owners ageless dilemma:  When I have to choose between my wallet and my conscience, whom do I serve?  Serving our conscience can mean taking a financial risk by violating a fiduciary responsibility, or walking away from a client with questionable morals- like you did.  In the long run, those who serve their conscience instead of their wallet will prosper.
I'm not a lawyer, but  I did get a (barely) passing grade in Contract Law.
Randy Weestrand
Radon Removal Inc.
952-476-6226
rweestrand@aol.com
www.fixradon.com
-----Original Message-----
From: brian popke
To: RADONPROFESSIONALS
Sent: Mon, Nov 21, 2011 8:32 am
Subject: [RNPROF] Testing
Hello,
 
We have come upon an interesting situation.  Homeowners called us to come and look at their home they were selling and had under contract.  The home tested at 7.2, they were concerned about the cost of installing a mitigation system. We told them EPA protocol is to retest, and get an average.  We met with them, the home has a crawlspace.  The homeowner had discovered the vents were blocked in the crawl space, they decided to retest with the vents in the crawlspace opened up. (Is this appropriate?)  The reading from this test was 2.1.  All tests were done by the homeowner with the charcol canister mail in kits.  Should they test again with the vents open?  Also, this is in Colorado, if the new owner's were to keep the crawlspace vents open in the Winter they could freeze their pipes, should they just let the buyers know this?  To add to the story, the realtor for the buyers left a message on our answering machine asking about the testing and if the vents were open or not on the second test.  The next message was from the owners telling us all conversations with them and the bid was confidential, and not to be discussed with anyone.  We have since retracted our bid and informed the homeowner's (buyer's) to refer all future questions to the state radon manager.
 
The questions we have, is, will a radon test drop that much by just opening up the vents?  Since it is a DIY test, the chance of them using a fan in the crawl space or something else to alter the results seems highly likely.  What liability are we obligated to disclose or not disclose to buyers in a real estate transaction?  Are we held to a non-disclosure agreement in anyway? 
 
Thank you,
Brian Popke
RMT105700
 
 
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