Charlotte, NC asked in Civil Litigation, Contracts and Real Estate Law for North Carolina

Q: I recently purchased a new home for rental purposes and asked the builders agent why the previous buyers had not closed

I asked the builders agent twice and I was told it simply did not work out for them. I believe there was an affirmative duty to tell me if anything involved a defect with the house, so I assumed it was a problem with loan qualifying. I had studied the radon maps for this county in NC and did not order radon testing because it is in the lowest risk ar. I was buying through a 1031 exchange from my house I sold in another state and was anxious to get rent started again. I'm now told by neighbors that there have been some very high radon test readings on the street. Is there any way I find out if previous radon readings in the house was the reason for the 1st.purchaser not closing, after adding many pricey upgrades?

I am now afraid to radon test but afraid not to. This is practically all the money I have in the world, in this rental house. If they did not tell me the truth I want them to buy the house back.

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered

A: Stop listening to the nosey neighbors--who probably do not want you to purchase the home because you are planning to rent it out. Happens all the time.

Bottom line: You will be unable to do anything about the alleged radon problem--and apparently unable to sleep--unless and until you find out whether there is a radon problem. Move on it. If there is a problem then hire some lawyer skilled enough to help you negotiate a settlement with the builder. If not, get some sleep.

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