Radon Monitor Liability

Quick question for anybody with radon monitoring experience. I have been leaving my radon monitor behind at inspections for 48-hours as per usual, but I was wondering if anybody takes any precautionary measures on the unit itself when leaving it behind? Is there a form you have the occupants/buyer/seller’s agent sign that hold somebody responsible in the event the machine gets damaged or stolen? I have a sticker on mine that says “Property of Ponderosa Home Inspections: This monitor is locked and requires a PIN to open, it is of no value to you if you steal it and it is GPS tracked”. Is there a better way that protects my investment?

Welcome to our forum, Nick!..Enjoy! :smile:

Some use the charcoal canister for that very reason, Nick.


I use a Kensington Combination Cable Lock. You have to get creative sometimes where to lock it to. Last week I locked one monitor a refrigerator. I also have some tamper proof fasteners. Sometimes I will pull a floor register and screw into the subfloor and or framing.

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I understand, but the continuous monitor is quick, easy and the report is sync’d automatically in seconds. I see advantages for both charcoal and monitor, but I just wondered if there was a more legal way to go about it.


Not that I know of…choose your poison. :sunglasses:

In the over 14 years I offered Radon testing, I never used CRM’s, only Professional CANISTERS, (NOT those cheap ass ‘sponge’ things hanging from the ceiling), so I’ll avoid the pissing match that always occurs around this subject,


I do have ONE question…

Are you NOT leaving the CRM onsite for the required MINIMUM of 60 hours??

No, 48-hour testing. (I didn’t mean to open a can of worms here)

Ahh, you have peeked my interest. Who requires 60 hrs for a CRM monitor?

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You didn’t, but you may have just saved yourself a world of a headache!!

You stated you leave the CRM onsite “for the usual” 48 hours.

What about the REQUIRED 12 hours closed house conditions pre-test period??

12 + 48 = 60 Hours Minimum

(Should be using the 12 hour Delay function for this time period).


Every governing body that regulates Radon testing. See my above post.

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here is my agreement for Radon. Just have the client and Home owner if home sign it.
Also the usually 12 hour closed house conditions will be conveyed to the home owner well before the inspection Via email forwarded from the sellers agent. that way they can sign the agreement prior to the inspection. if the home owner does not sign, then the liability will go to the buyer, to pay for the equipment. and any down time resulting in the missing equipment. if both refuse to sign use Canister test kits instead. they cost about $30.00 , include the 2 canisters and return shipping and lab fee’s.
always have a backup no matter what.

This is an Agreement between you, the (property owner) (prospective buyer), and us for radon testing at the property described below.

  1. The property is at _________________________________.

  2. You will pay us $_____ for the testing. You must pay us in advance.

  3. We or our subcontractor will test for radon at the property to measure the radon level in the air by Electronic Device (CRM) or the use of an approved short-term charcoal collection device. This will require a minimum of 48 hours, but may take longer. We will then deliver the testing device to a recognized laboratory and provide you with a written report when we receive the laboratory’s results.

  4. Radon is a colorless, odorless, radioactive gas that may be harmful to humans. The amount of radon in the air is measured in picocuries of radon gas per liter of air, or “pCi/L.” While any radon exposure creates some risk to health, the EPA considers a level of 4 pCi/L or higher dangerous and recommends that you take remedial measures to reduce or eliminate radon.

  5. This Agreement is for testing only. We are not responsible for correcting or mitigating radon issues. As a courtesy, we may offer comments related to radon mitigation, but these will not obligate us to create or implement a mitigation plan.

  6. Our report is only supplementary to the seller’s disclosure.

  7. Unless otherwise inconsistent with this Agreement or not possible, we will perform the radon inspection in accordance with current industry standards.

  8. Our report is for your use. You grant us permission to discuss our observations and test results with real estate agents, owners, repairpersons, and other interested parties. We are not liable for use or misinterpretation by third parties.

  9. Our inspection and report are not a guarantee or warranty, express or implied, regarding the future use, operability, habitability or suitability of the property. We expressly disclaim all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, to the fullest extent allowed by law.

  10. We are not liable for any errors the laboratory makes.

  11. You will comply with our instructions for the proper testing, detection and analysis of radon gas levels in the property. We are not liable for any negligence or other interference that you or any other person cause.

  12. This Agreement is for radon testing only.

  13. You agree that our liability (and that of our agents, employees, etc.) for claims arising out of this Agreement shall be limited to liquidated damages in an amount equal to the fee you paid us. You waive any claim for consequential, exemplary, special or incidental damages, or for the loss of the use of the property. You acknowledge that the liquidated damages are not intended as a penalty but are intended to: (i) reflect the fact that actual damages may be difficult and impractical to ascertain; (ii) allocate risk among us; and (iii) enable us to perform the inspection at the stated fee.

  14. If you are the property owner, you understand that, as part of our radon testing, we or our subcontractor will leave certain equipment in your residence. If the equipment is lost, stolen, damaged, or destroyed while in your residence, you agree to pay us or our subcontractor for the cost to replace the equipment with identical new equipment. You understand that in that situation, it would take time for to obtain new equipment and that without the equipment, we or our subcontractor will be unable to engage in radon testing and will therefore be losing income. You agree that in this situation, you will pay us or our subcontractor $ 100.00 per day as liquidated damages for that lost income, in addition to the cost of replacing the equipment.

  15. If you believe you have a claim against us, you will supply us with the following within seven days of discovering your claim: (i) written notice of the claim in sufficient detail and with sufficient supporting documents that we can intelligently evaluate it; and (ii) access to the premises. Failure to comply with these conditions is a bar to any claim or lawsuit and releases us from any liability.

  16. The exclusive venue for any action arising out of this Agreement shall be in the county where we have our principal place of business. In any such action, you waive trial by jury. In any such action, the court must award the prevailing party attorney’s fees and costs.

  17. If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect. This Agreement represents our entire agreement between the parties. All prior communications are merged into this Agreement. There are no terms or promises other than those in this Agreement. No statement or promise allegedly made after the execution of this Agreement shall be binding unless reduced to writing and signed by us. Any modification to this Agreement must be in a writing signed by you and us. This Agreement binds the successors of the parties.

  18. You will have no cause of action against us after one year from the date of the inspection.

  19. If you are a corporation, LLC, or similar entity, the person signing this Agreement on behalf of the entity personally guarantees payment of the fee by the entity.


Welcome to our forum, William!..Enjoy! :smile:

William, thank you for this. I appreciate it!

Gotcha, I figured that. I transmit closed conditions requirements prior to dropping the machine.

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I would pick a specific standard or scope.

Totally agree Jeff. In the winter time we do minimum 52 hours (4 hour equilibration, 48 hr test) and summer and shoulder seasons 60 hours.

JMO, but I always tell my clients that the BEST test is for a full year and through all seasons in normal living conditions. Of course this can’t be done on a short term test during due diligence, but if the readings are lower but still in the EPA mitigation range, I suggest my clients read and study the EPA articles, and other articles regarding short term testings vs. long term testing prior to their decision.


Good stuff Thomas. I always recommend retesting in the future no matter what the results.


Nobody requires a 60 hour test when using a CRM. For any 48-hour test, regardless of the device used, 12 hours of closed building conditions are required before the start of the test as far as I know.