Radon Inspection Contingency Addendum

# Radon Inspection Contingency Addendum This Radon Inspection Contingency Addendum ("Addendum") is entered into as of ___________ and amends and supplements the Real Estate Purchase Agreement dated ___________ ("Purchase Agreement") between ___________ ("Buyer") and ___________ ("Seller") for the real property located at ___________, ___________, ___________, ___________ ("Property"). All capitalized terms not defined herein have the meanings given in the Purchase Agreement. --- ## 1. Radon Contingency This transaction is contingent upon the results of radon testing of the Property being at or below the acceptable radon level specified in Section 3. Buyer acknowledges receipt of the EPA document "A Citizen's Guide to Radon" or equivalent state-issued radon disclosure, if required by applicable law. ## 2. Radon Testing Buyer shall arrange for radon testing of the Property by a certified radon measurement professional at Buyer's expense. Testing shall be performed in the lowest livable area of the Property (basement or lowest occupied level) using an EPA-recognized test method (short-term or long-term passive device or continuous monitor). The test shall be completed and results received by Buyer on or before ___________ ("Radon Test Deadline"). Seller shall cooperate with all closed-building protocols required for the test, including keeping windows and exterior doors closed (except for normal entry and exit) for the duration of the test period. Seller shall not interfere with or disturb the test device(s). Seller represents that: (a) Seller ___________; and (b) a radon mitigation system ___________. If a mitigation system is present, Seller shall have it inspected and serviced, if necessary, to confirm it is in proper operating condition prior to the Radon Test Deadline. ## 3. Acceptable Radon Level The acceptable radon level for this transaction is ___________ ("Acceptable Level"). If the initial test result is at or below the Acceptable Level, this contingency is satisfied and Section 5 applies. If the result exceeds the Acceptable Level, Section 4 applies. ## 4. Elevated Radon Result — Mitigation and Renegotiation If the initial radon test result exceeds the Acceptable Level ("Elevated Result"), Buyer shall deliver written notice of the Elevated Result to Seller within two (2) business days of receipt. Upon delivery of that notice, the parties shall have ___________ calendar days ("Mitigation Period") to negotiate in good faith. During the Mitigation Period, the parties may agree to any of the following: (a) **Seller installs a radon mitigation system** — Seller shall engage a state-certified radon mitigation contractor to design and install a mitigation system (sub-slab depressurization or other EPA-recommended method) at Seller's sole cost, to be completed no later than ___________ calendar days before the scheduled closing date; (b) **Credit in lieu of mitigation** — Seller provides a closing credit to Buyer in the amount of ___________ (or as otherwise agreed in writing) for Buyer to install a mitigation system post-closing; (c) **Price reduction** as agreed in writing; or (d) **Any combination of the foregoing.**