Are Radon and Cracked Heat Exchanger Material Defect in Colorado?

[Mindy Jensen]

Representing the buyers in the State of Colorado.

Radon comes back at almost 9.0. 

Furnace inspection revealed cracked heat exchange. 

Are either of these considered Material Defects in the home, now that the seller knows about them?

@Dan Mackin @Anson Young 

[Charlie MacPherson]

@Mindy Jensen It's going to depend on your state's RE laws as to what must be disclosed, but my bet is yes, it is.  

In MA, we must disclose latent (hidden) defects that we know about - but states differ in their regulations.

This is one reason that seller's agents around here typically don't want to see the home inspection report.  Once they know every little nit-picky thing that the inspector pointed out, they need to disclose them.

Radon is relatively cheap and easy to remediate.  Expect to spend under $1,000.  It's just a fancy exhaust fan that pumps basement air out and up through a PVC pipe going up the side of the home.