Radon System NJ

I am currently purchasing a house in New Jersey. The house has a radon system, however, the fan is broken and not working. Our home inspector didn’t do a radon test, because he said that since there is a radon system already installed, it shows that there was a radon problem in the house, and because the fan is not working, the house will automatically fail a c/o. The home-sellers are trying to say that they don’t need to fix the fan because it is not required for the c/o. The inspector never did a radon test, so we don’t actually know if there is radon in the house. We only know that the radon system isn’t working.

Is there a way to find out if the house has an inoperable radon system if it will pass the c/o?

Most jurisdictions in NJ don’t require the seller to fix anything, however, the system should be repaired and then test for radon to ensure that the system is functioning as intended.


While a one off test is not required on the buyer’s side, the State of New Jersey says a radon test ‘should’ be part of any real estate transaction. Under state law, however, the seller must provide the buyer, at the time the contract of sale is entered into, with a copy of the results of any radon test and any evidence of any mitigation effort or treatment system installation.

Tell your real estate lawyer that. The sellers should be on the hook for a new fan. That’s a material defect.

Also, never heard - ever - of a home not receiving a CO because it lacked a functioning radon system. Matter of fact, I’ve never heard of a single family home requiring a CO as part of a real estate transaction (unless it was brand new). Could be a town thing, though.

How much time is left in your due diligence period? Call RaData and get a test done, so at least you have some ammo for a fight over the fan.

That is like suggesting that a broken exhaust fan in a bathroom doesn’t need fixed. The radon fan is part of the house and is expected to work and fulfill a function. If it’s broken, it’s a material defect. I agree with the inspector and ultimately, you were buying a home that has a radon mitigation and made an offer on the home in reflection of that work already existing and functioning to avoid a future cost of your own.

But please keep in mind, a home inspection is not a list of things for a seller to fix. It is to educate you on the condition of the house you are buying and its function. If you and your agent are unable to come to terms with the seller, you can walk away or incur the cost to fix it yourself after you take ownership, or not fix it and know there is a defect in the home. If you are working with an agent, the negotiation of things like this is where they have the chance to shine.