How the Radon Contingency Works in a PA Purchase Agreement

In Pennsylvania, radon is usually handled through the inspection contingency in the agreement of sale. The buyer orders a radon test during the contingency period. If the result is high, the buyer can accept the home, end the agreement, or send a written corrective proposal, such as a request for radon mitigation before settlement. The seller responds within a set negotiation period, then the buyer decides.

This guide walks through each stage in plain terms. It describes how the standard Pennsylvania Association of Realtors (PAR) agreement of sale is commonly used. Your contract may be different, so read it closely and ask your agent or attorney about your specific terms.

Where radon fits in the agreement of sale

The standard PAR residential agreement of sale includes an inspection contingency. The buyer picks which inspections to do by marking each one Elected or Waived, and radon is one of the listed options. If the buyer elects a radon test, it has to be done and acted on within the contingency period.

Not every buyer elects radon testing, and some buyers waive inspections in competitive markets. If you are buying in York County, which is in EPA Radon Zone 1, keeping the radon test is usually wise.

Stage 1: The contingency period

The contingency period is the number of days the buyer has to complete inspections and decide how to proceed. According to the Pennsylvania Association of Realtors, if the parties leave the number blank, the default in the standard form is 10 days. Buyers and sellers can agree on a different number.

During this window, the buyer has two jobs:

1. Finish the inspections, including the radon test.
2. Decide what to do based on the results.

A short-term radon test needs at least 48 hours of testing, and Pennsylvania testing rules call for closed-house conditions starting at least 12 hours before a short test begins. Add time for the tester's schedule and the report. That is why ordering the radon test the same day as the home inspection matters.

Stage 2: The buyer's options

Before the contingency period ends, the buyer chooses one of three paths:

Accept the property

The buyer accepts the home as is and moves forward. A buyer might do this if radon is low, or if they plan to install a system themselves after closing.

Terminate the agreement

The buyer ends the agreement based on the inspection results. Under the standard form, the buyer's deposit is returned according to the contract's deposit terms.

Send a written corrective proposal

The buyer asks the seller to fix the problem or give a credit. For radon, a proposal usually asks the seller to:

• hire a PA DEP-certified mitigator,
• install a system and run a clearance test before settlement,
• show results below 4.0 pCi/L, the EPA action level, and
• provide the installer's paperwork and any guarantee.

Or it asks for a credit or price reduction instead. A written quote from a certified mitigator makes the request more convincing.

Stage 3: The negotiation period

If the buyer sends a corrective proposal, a negotiation period follows, starting when the contingency period ends. PAR notes that the standard form uses 5 days if the parties do not specify a number. During this time, the seller can agree, counter or refuse.

One detail surprises many buyers: under the standard form, once the buyer submits a corrective proposal, the buyer cannot withdraw it, change it, or terminate during the negotiation period, even if the seller's first response is disappointing. Both sides have to work within that window. PAR's own guidance on the form explains this lock-in.

Stage 4: The buyer's final choice

If both sides sign a written agreement on the radon fix, the deal moves forward on those terms. If the negotiation period ends without an agreement, the buyer chooses between accepting the property and terminating the agreement, as the contract allows.

Timeline example

Day counts depend on your contract and the tester's schedule.

Tips for buyers

• Order the radon test early. Book it with the home inspection.
• Use a certified tester. Pennsylvania requires anyone testing for others to be DEP-certified.
• Get a mitigation quote before you send your proposal. It supports your request with a real number.
• Be specific. Ask for a certified installer, a clearance test and copies of the results.
• Watch the clock. Missing a deadline can leave you with fewer choices.

Tips for sellers

• Respond quickly with real numbers. A written quote helps you decide between installing and offering a credit.
• Consider installing yourself. You control the installer and the cost.
• Disclose what you know. Known radon results belong on the Seller's Property Disclosure Statement.

What if the home already has a system?

If the home has a system, the buyer's test should be run with the system on, as Pennsylvania testing rules require. A high result with an existing system usually points to a repair, such as a new fan or more sealing, rather than a new install. Some buyers also ask how a system will look to future buyers. Our article on does a radon system affect home value covers that question.

Key takeaways

• Radon is handled through the inspection contingency in a PA agreement of sale.
• The standard form defaults to a 10-day contingency period and a 5-day negotiation period when left blank.
• Buyers can accept, terminate, or send a written corrective proposal.
• Once a proposal is sent, the buyer is locked in through the negotiation period.
• Test early and get a written quote before you negotiate.

Frequently Asked Questions

How long is the inspection contingency in Pennsylvania?

It is whatever the parties write in. If left blank, the standard PAR form uses 10 days.

Can the seller refuse to fix radon?

Yes. If you cannot agree during the negotiation period, you choose whether to accept the home or end the agreement.

Settling a radon request?

Once you agree on a fix, the clock moves to the install and the clearance test. We handle radon mitigation for York home sales on your settlement schedule, with a free written quote. Call (717) 356-3035 any time for a same-day callback.