[RPPTL LandTen] Radon Gas Disclosure

[Bob Wunker]

It seems to me the Johnson v Davis and its progeny for undisclosed, and
with radon a covert hazardous, conditions would apply.  Radon is estimated
to cause about 21,000 lung cancer deaths per year, according to EPA's 2003
Assessment of Risks from Radon in Homes (EPA 402-R-03-003)
<http://www.epa.gov/radon/risk_assessment.html>.  Risk of lung cancer from
radon is significantly increased for smokers, and even former smokers.
 Thus, the legal remedy for failure to warn would seem to be a personal
injury or wrongful death action if such result developed.  I don't know of
a statutory or regulatory remedy for failure to give the notice however.
 Giving the notice is a protective measure thus putting a lessee or buyer
on notice to test for radon or bear the risk.

If a lessee tests and discovers radon to be at an unacceptable level, the
lessee might be able to negotiate a modification of the financial cost of
the lease and require the landlord to rehabilitate the premises.

Robert L. Wunker
Cell: 561-866-4544


On Wed, Jun 18, 2014 at 11:35 AM, Chuck Hoskin <CHoskin at esclaw.com> wrote:

> I sent this around yesterday and only got one response asking me to tell
> them what I found out.  I was competing with UPL of eviction forms
> preparers.
>
>
>
> Can anyone direct me to legal authority for a remedy for failure to give
> the Radon Gas Disclosure in a commercial lease?  Thanks.
>
>
>
> Chuck Hoskin
>
>
>
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