Part 25*: What is a Radon Contingency Clause in a Residential Contract of Sale in New York?

Radon is a naturally occurring gas that can be harmful to humans. If a Purchaser chooses to test a home for radon, their attorney may include a radon contingency clause in the Purchaser’s rider. The radon contingency may be warranted because the test results may not be received from the laboratory until after the contract is fully executed. In the event that the radon levels exceed the limits deemed safe by the United States Environmental Protection Agency, the Seller may agree to remediate the radon (e.g. by adding a ventilation system) or cancel the contract. Alternatively, a Purchaser may choose to waive any radon remediation, and undertake the remediation at the Purchaser’s cost and expense after the closing. The terms and conditions for the radon test are often specified in a Rider to the Contract of Sale.

*Thank you for taking the time to read this article. This article is part of our “From Contract to Closing; Demystifying NY Residential Real Estate” Series. Other aspects of residential real estate transactions in New York are discussed in other Parts of this series.

For questions about residential real estate law, or general information about our firm, please contact us at (914) 338-8050 or send an e-mail to We look forward to hearing from you.

Betensky Law PLLC
118 N. Bedford Road, Suite 302
Mount Kisco, New York 10549
(914) 338-8050

This is ATTORNEY ADVERTISING. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of an attorney/client relationship. Prior results do not guarantee a similar outcome.

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact Us

Give us a call or fill in the form below and we will contact you. We endeavor to answer all inquiries within 24 hours on business days.