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Chuck Hoskin

Wed, Jun 18, 2014 3:35 PM

I sent this around yesterday and only got one response asking me to tell them what I found out. I was competing with UPL of eviction forms preparers.

Can anyone direct me to legal authority for a remedy for failure to give the Radon Gas Disclosure in a commercial lease? Thanks.

Chuck Hoskin

This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (choskin@esclaw.com mailto:choskin@esclaw.com) and then delete this message and all copies and backups thereof. Thank you.

Charles P. Hoskin
Direct Dial: 850-444-3881
Fax: 850-434-7163

[cid:image001.png@01CF8AE1.151F20F0]

I sent this around yesterday and only got one response asking me to tell them what I found out. I was competing with UPL of eviction forms preparers. Can anyone direct me to legal authority for a remedy for failure to give the Radon Gas Disclosure in a commercial lease? Thanks. Chuck Hoskin This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581) or by electronic mail (choskin@esclaw.com<mailto:choskin@esclaw.com>) and then delete this message and all copies and backups thereof. Thank you. Charles P. Hoskin Direct Dial: 850-444-3881 Fax: 850-434-7163 [cid:image001.png@01CF8AE1.151F20F0]

BW

Bob Wunker

Wed, Jun 18, 2014 4:06 PM

It seems to me the Johnson v Davis and its progeny for undisclosed, and
with radon a covert hazardous, conditions would apply. Radon is estimated
to cause about 21,000 lung cancer deaths per year, according to EPA's 2003
Assessment of Risks from Radon in Homes (EPA 402-R-03-003)
http://www.epa.gov/radon/risk_assessment.html. Risk of lung cancer from
radon is significantly increased for smokers, and even former smokers.
Thus, the legal remedy for failure to warn would seem to be a personal
injury or wrongful death action if such result developed. I don't know of
a statutory or regulatory remedy for failure to give the notice however.
Giving the notice is a protective measure thus putting a lessee or buyer
on notice to test for radon or bear the risk.

If a lessee tests and discovers radon to be at an unacceptable level, the
lessee might be able to negotiate a modification of the financial cost of
the lease and require the landlord to rehabilitate the premises.

Robert L. Wunker
Cell: 561-866-4544

On Wed, Jun 18, 2014 at 11:35 AM, Chuck Hoskin CHoskin@esclaw.com wrote:

I sent this around yesterday and only got one response asking me to tell
them what I found out. I was competing with UPL of eviction forms
preparers.

Can anyone direct me to legal authority for a remedy for failure to give
the Radon Gas Disclosure in a commercial lease? Thanks.

Chuck Hoskin

This e-mail message and all attachments transmitted with it may contain
legally privileged and confidential information intended solely for the use
of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any reading, dissemination,
distribution, copying, or other use of this message or its attachments is
strictly prohibited. If you have received this message in error, please
notify the sender immediately by telephone (850-433-6581) or by
electronic mail (choskin@esclaw.com) and then delete this message and all
copies and backups thereof. Thank you.

Charles P. Hoskin
Direct Dial: 850-444-3881
Fax: 850-434-7163

[image: cid:image001.png@01CE0382.09E1FC40]

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landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

It seems to me the Johnson v Davis and its progeny for undisclosed, and with radon a covert hazardous, conditions would apply. Radon is estimated to cause about 21,000 lung cancer deaths per year, according to EPA's 2003 Assessment of Risks from Radon in Homes (EPA 402-R-03-003) <http://www.epa.gov/radon/risk_assessment.html>. Risk of lung cancer from radon is significantly increased for smokers, and even former smokers. Thus, the legal remedy for failure to warn would seem to be a personal injury or wrongful death action if such result developed. I don't know of a statutory or regulatory remedy for failure to give the notice however. Giving the notice is a protective measure thus putting a lessee or buyer on notice to test for radon or bear the risk. If a lessee tests and discovers radon to be at an unacceptable level, the lessee might be able to negotiate a modification of the financial cost of the lease and require the landlord to rehabilitate the premises. Robert L. Wunker Cell: 561-866-4544 On Wed, Jun 18, 2014 at 11:35 AM, Chuck Hoskin <CHoskin@esclaw.com> wrote: > I sent this around yesterday and only got one response asking me to tell > them what I found out. I was competing with UPL of eviction forms > preparers. > > > > Can anyone direct me to legal authority for a remedy for failure to give > the Radon Gas Disclosure in a commercial lease? Thanks. > > > > Chuck Hoskin > > > > This e-mail message and all attachments transmitted with it may contain > legally privileged and confidential information intended solely for the use > of the addressee. If the reader of this message is not the intended > recipient, you are hereby notified that any reading, dissemination, > distribution, copying, or other use of this message or its attachments is > strictly prohibited. If you have received this message in error, please > notify the sender immediately by telephone (850-433-6581) or by > electronic mail (choskin@esclaw.com) and then delete this message and all > copies and backups thereof. Thank you. > > Charles P. Hoskin > Direct Dial: 850-444-3881 > Fax: 850-434-7163 > > > > [image: cid:image001.png@01CE0382.09E1FC40] > > > > _______________________________________________ > landten mailing list > landten@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/landten >

ER

Eric.Rapkin (at) akerman.com

Wed, Jun 18, 2014 4:17 PM

Technically, isn't any violation of Chapter 404 regarding radon a felony? I could see Fla Dept of Law Enforcement having a Radon Notice Task Force and rounding up attorneys who forget the notice in a lease or sale contract. And many form sale contracts are incorrect because they quote the old language about county public health unit instead of county health department.

From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Bob Wunker
Sent: Wednesday, June 18, 2014 12:07 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Radon Gas Disclosure

It seems to me the Johnson v Davis and its progeny for undisclosed, and with radon a covert hazardous, conditions would apply. Radon is estimated to cause about 21,000 lung cancer deaths per year, according to EPA's 2003 Assessment of Risks from Radon in Homes (EPA 402-R-03-003)http://www.epa.gov/radon/risk_assessment.html. Risk of lung cancer from radon is significantly increased for smokers, and even former smokers. Thus, the legal remedy for failure to warn would seem to be a personal injury or wrongful death action if such result developed. I don't know of a statutory or regulatory remedy for failure to give the notice however. Giving the notice is a protective measure thus putting a lessee or buyer on notice to test for radon or bear the risk.

If a lessee tests and discovers radon to be at an unacceptable level, the lessee might be able to negotiate a modification of the financial cost of the lease and require the landlord to rehabilitate the premises.

Robert L. Wunker
Cell: 561-866-4544

On Wed, Jun 18, 2014 at 11:35 AM, Chuck Hoskin <CHoskin@esclaw.com mailto:CHoskin@esclaw.com> wrote:
I sent this around yesterday and only got one response asking me to tell them what I found out. I was competing with UPL of eviction forms preparers.

Can anyone direct me to legal authority for a remedy for failure to give the Radon Gas Disclosure in a commercial lease? Thanks.

Chuck Hoskin

This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581tel:%28850-433-6581) or by electronic mail (choskin@esclaw.com mailto:choskin@esclaw.com) and then delete this message and all copies and backups thereof. Thank you.

Charles P. Hoskin
Direct Dial: 850-444-3881tel:850-444-3881
Fax: 850-434-7163tel:850-434-7163

[cid:image001.png@01CE0382.09E1FC40]

vCardhttp://www.akerman.com/bios/vcard.asp?id=574 | Biohttp://www.akerman.com/bios/bio.asp?id=574

http://www.akerman.com/

[http://www.akerman.com/akermansig.jpg]

CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS regulations, we are required to advise you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this transmittal, is not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this e-mail or attachment.

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Technically, isn't any violation of Chapter 404 regarding radon a felony? I could see Fla Dept of Law Enforcement having a Radon Notice Task Force and rounding up attorneys who forget the notice in a lease or sale contract. And many form sale contracts are incorrect because they quote the old language about county public health unit instead of county health department. Eric D. Rapkin Akerman LLP | Las Olas Centre II, Suite 1600 | 350 East Las Olas Boulevard | Fort Lauderdale, FL 33301-2999 Dir: 954.759.8962 | Main: 954.463.2700 | Cell: 305.343.6129 | Fax: 954.847.5350 eric.rapkin@akerman.com From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Bob Wunker Sent: Wednesday, June 18, 2014 12:07 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Radon Gas Disclosure It seems to me the Johnson v Davis and its progeny for undisclosed, and with radon a covert hazardous, conditions would apply. Radon is estimated to cause about 21,000 lung cancer deaths per year, according to EPA's 2003 Assessment of Risks from Radon in Homes (EPA 402-R-03-003)<http://www.epa.gov/radon/risk_assessment.html>. Risk of lung cancer from radon is significantly increased for smokers, and even former smokers. Thus, the legal remedy for failure to warn would seem to be a personal injury or wrongful death action if such result developed. I don't know of a statutory or regulatory remedy for failure to give the notice however. Giving the notice is a protective measure thus putting a lessee or buyer on notice to test for radon or bear the risk. If a lessee tests and discovers radon to be at an unacceptable level, the lessee might be able to negotiate a modification of the financial cost of the lease and require the landlord to rehabilitate the premises. Robert L. Wunker Cell: 561-866-4544 On Wed, Jun 18, 2014 at 11:35 AM, Chuck Hoskin <CHoskin@esclaw.com<mailto:CHoskin@esclaw.com>> wrote: I sent this around yesterday and only got one response asking me to tell them what I found out. I was competing with UPL of eviction forms preparers. Can anyone direct me to legal authority for a remedy for failure to give the Radon Gas Disclosure in a commercial lease? Thanks. Chuck Hoskin This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581<tel:%28850-433-6581>) or by electronic mail (choskin@esclaw.com<mailto:choskin@esclaw.com>) and then delete this message and all copies and backups thereof. Thank you. Charles P. Hoskin Direct Dial: 850-444-3881<tel:850-444-3881> Fax: 850-434-7163<tel:850-434-7163> [cid:image001.png@01CE0382.09E1FC40] vCard<http://www.akerman.com/bios/vcard.asp?id=574> | Bio<http://www.akerman.com/bios/bio.asp?id=574> <http://www.akerman.com/> [http://www.akerman.com/akermansig.jpg] CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you. CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS regulations, we are required to advise you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this transmittal, is not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this e-mail or attachment. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten

HG

Haney, Gregory

Wed, Jun 18, 2014 4:24 PM

Yes, it is. For some reason I had actually looked this up recently. Here you go:

http://www.flsenate.gov/Laws/Statutes/2012/404.161
404.161 Penalties.—
(1) Any person who violates any of the provisions of this chapter or any rule promulgated hereunder is guilty of a felony of the third degree, punishable as provided in s. 775.082http://www.flsenate.gov/Laws/Statutes/2012/775.082, s. 775.083http://www.flsenate.gov/Laws/Statutes/2012/775.083, or s. 775.084http://www.flsenate.gov/Laws/Statutes/2012/775.084.
(2) Any person who interferes with, hinders, or opposes any agent, officer, or member of the department in the discharge of his or her duties under this chapter is guilty of a felony of the third degree, punishable as provided in s. 775.082http://www.flsenate.gov/Laws/Statutes/2012/775.082, s. 775.083http://www.flsenate.gov/Laws/Statutes/2012/775.083, or s. 775.084http://www.flsenate.gov/Laws/Statutes/2012/775.084.
(3) Any person who fails to comply with a lawful order issued pursuant to this chapter within the time fixed by the department or the time allowed for review under s. 404.163http://www.flsenate.gov/Laws/Statutes/2012/404.163, whichever is longer, is guilty of a felony of the third degree, punishable as provided in s. 775.082http://www.flsenate.gov/Laws/Statutes/2012/775.082, s. 775.083http://www.flsenate.gov/Laws/Statutes/2012/775.083, or s. 775.084http://www.flsenate.gov/Laws/Statutes/2012/775.084.
(4) Any person who is not an official of another state and who violates any of the provisions of the Southeast Interstate Low-Level Radioactive Waste Compact is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082http://www.flsenate.gov/Laws/Statutes/2012/775.082 or s.775.083http://www.flsenate.gov/Laws/Statutes/2012/775.083.

Gregory R. Haney | Shumaker
Attorney at Law
Board Certified in Real Estate Law
Bank of America Plaza, Suite 2800
101 East Kennedy Boulevard | Tampa, FL 33602
Direct 813.227.2277 | Fax 813.229.1660
ghaney@slk-law.com | biohttp://www.slk-law.com/Lawyers/Gregory-Scott-R-Haney | LinkedInhttp://www.linkedin.com/in/gregoryhaney

IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action.

Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Eric.Rapkin@akerman.com
Sent: Wednesday, June 18, 2014 12:18 PM
To: landten@lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Radon Gas Disclosure

Technically, isn't any violation of Chapter 404 regarding radon a felony? I could see Fla Dept of Law Enforcement having a Radon Notice Task Force and rounding up attorneys who forget the notice in a lease or sale contract. And many form sale contracts are incorrect because they quote the old language about county public health unit instead of county health department.

From: landten-bounces@lists.flabarrpptl.org mailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Bob Wunker
Sent: Wednesday, June 18, 2014 12:07 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Radon Gas Disclosure

It seems to me the Johnson v Davis and its progeny for undisclosed, and with radon a covert hazardous, conditions would apply. Radon is estimated to cause about 21,000 lung cancer deaths per year, according to EPA's 2003 Assessment of Risks from Radon in Homes (EPA 402-R-03-003)http://www.epa.gov/radon/risk_assessment.html. Risk of lung cancer from radon is significantly increased for smokers, and even former smokers. Thus, the legal remedy for failure to warn would seem to be a personal injury or wrongful death action if such result developed. I don't know of a statutory or regulatory remedy for failure to give the notice however. Giving the notice is a protective measure thus putting a lessee or buyer on notice to test for radon or bear the risk.

If a lessee tests and discovers radon to be at an unacceptable level, the lessee might be able to negotiate a modification of the financial cost of the lease and require the landlord to rehabilitate the premises.

Robert L. Wunker
Cell: 561-866-4544

On Wed, Jun 18, 2014 at 11:35 AM, Chuck Hoskin <CHoskin@esclaw.com mailto:CHoskin@esclaw.com> wrote:
I sent this around yesterday and only got one response asking me to tell them what I found out. I was competing with UPL of eviction forms preparers.

Can anyone direct me to legal authority for a remedy for failure to give the Radon Gas Disclosure in a commercial lease? Thanks.

Chuck Hoskin

This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581tel:%28850-433-6581) or by electronic mail (choskin@esclaw.com mailto:choskin@esclaw.com) and then delete this message and all copies and backups thereof. Thank you.

Charles P. Hoskin
Direct Dial: 850-444-3881tel:850-444-3881
Fax: 850-434-7163tel:850-434-7163

[cid:image001.png@01CE0382.09E1FC40]

vCardhttp://www.akerman.com/bios/vcard.asp?id=574 | Biohttp://www.akerman.com/bios/bio.asp?id=574
http://www.akerman.com/

[http://www.akerman.com/akermansig.jpg]http://www.akerman.com/

CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you.

CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS regulations, we are required to advise you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this transmittal, is not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this e-mail or attachment.

landten mailing list
landten@lists.flabarrpptl.org mailto:landten@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/landten

Yes, it is. For some reason I had actually looked this up recently. Here you go: http://www.flsenate.gov/Laws/Statutes/2012/404.161 404.161 Penalties.— (1) Any person who violates any of the provisions of this chapter or any rule promulgated hereunder is guilty of a felony of the third degree, punishable as provided in s. 775.082<http://www.flsenate.gov/Laws/Statutes/2012/775.082>, s. 775.083<http://www.flsenate.gov/Laws/Statutes/2012/775.083>, or s. 775.084<http://www.flsenate.gov/Laws/Statutes/2012/775.084>. (2) Any person who interferes with, hinders, or opposes any agent, officer, or member of the department in the discharge of his or her duties under this chapter is guilty of a felony of the third degree, punishable as provided in s. 775.082<http://www.flsenate.gov/Laws/Statutes/2012/775.082>, s. 775.083<http://www.flsenate.gov/Laws/Statutes/2012/775.083>, or s. 775.084<http://www.flsenate.gov/Laws/Statutes/2012/775.084>. (3) Any person who fails to comply with a lawful order issued pursuant to this chapter within the time fixed by the department or the time allowed for review under s. 404.163<http://www.flsenate.gov/Laws/Statutes/2012/404.163>, whichever is longer, is guilty of a felony of the third degree, punishable as provided in s. 775.082<http://www.flsenate.gov/Laws/Statutes/2012/775.082>, s. 775.083<http://www.flsenate.gov/Laws/Statutes/2012/775.083>, or s. 775.084<http://www.flsenate.gov/Laws/Statutes/2012/775.084>. (4) Any person who is not an official of another state and who violates any of the provisions of the Southeast Interstate Low-Level Radioactive Waste Compact is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082<http://www.flsenate.gov/Laws/Statutes/2012/775.082> or s.775.083<http://www.flsenate.gov/Laws/Statutes/2012/775.083>. Gregory R. Haney | Shumaker Attorney at Law Board Certified in Real Estate Law Bank of America Plaza, Suite 2800 101 East Kennedy Boulevard | Tampa, FL 33602 Direct 813.227.2277 | Fax 813.229.1660 ghaney@slk-law.com | bio<http://www.slk-law.com/Lawyers/Gregory-Scott-R-Haney> | LinkedIn<http://www.linkedin.com/in/gregoryhaney> ________________________________ IRS Circular 230 Notice: We are required to advise you no person or entity may use any tax advice in this communication or any attachment to (i) avoid any penalty under federal tax law or (ii) promote, market or recommend any purchase, investment or other action. Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone 800.444.6659. From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Eric.Rapkin@akerman.com Sent: Wednesday, June 18, 2014 12:18 PM To: landten@lists.flabarrpptl.org Subject: Re: [RPPTL LandTen] Radon Gas Disclosure Technically, isn't any violation of Chapter 404 regarding radon a felony? I could see Fla Dept of Law Enforcement having a Radon Notice Task Force and rounding up attorneys who forget the notice in a lease or sale contract. And many form sale contracts are incorrect because they quote the old language about county public health unit instead of county health department. Eric D. Rapkin Akerman LLP | Las Olas Centre II, Suite 1600 | 350 East Las Olas Boulevard | Fort Lauderdale, FL 33301-2999 Dir: 954.759.8962 | Main: 954.463.2700 | Cell: 305.343.6129 | Fax: 954.847.5350 eric.rapkin@akerman.com<mailto:eric.rapkin@akerman.com> From: landten-bounces@lists.flabarrpptl.org<mailto:landten-bounces@lists.flabarrpptl.org> [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Bob Wunker Sent: Wednesday, June 18, 2014 12:07 PM To: RPPTL Landlord Tenant Committee Subject: Re: [RPPTL LandTen] Radon Gas Disclosure It seems to me the Johnson v Davis and its progeny for undisclosed, and with radon a covert hazardous, conditions would apply. Radon is estimated to cause about 21,000 lung cancer deaths per year, according to EPA's 2003 Assessment of Risks from Radon in Homes (EPA 402-R-03-003)<http://www.epa.gov/radon/risk_assessment.html>. Risk of lung cancer from radon is significantly increased for smokers, and even former smokers. Thus, the legal remedy for failure to warn would seem to be a personal injury or wrongful death action if such result developed. I don't know of a statutory or regulatory remedy for failure to give the notice however. Giving the notice is a protective measure thus putting a lessee or buyer on notice to test for radon or bear the risk. If a lessee tests and discovers radon to be at an unacceptable level, the lessee might be able to negotiate a modification of the financial cost of the lease and require the landlord to rehabilitate the premises. Robert L. Wunker Cell: 561-866-4544 On Wed, Jun 18, 2014 at 11:35 AM, Chuck Hoskin <CHoskin@esclaw.com<mailto:CHoskin@esclaw.com>> wrote: I sent this around yesterday and only got one response asking me to tell them what I found out. I was competing with UPL of eviction forms preparers. Can anyone direct me to legal authority for a remedy for failure to give the Radon Gas Disclosure in a commercial lease? Thanks. Chuck Hoskin This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any reading, dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by telephone (850-433-6581<tel:%28850-433-6581>) or by electronic mail (choskin@esclaw.com<mailto:choskin@esclaw.com>) and then delete this message and all copies and backups thereof. Thank you. Charles P. Hoskin Direct Dial: 850-444-3881<tel:850-444-3881> Fax: 850-434-7163<tel:850-434-7163> [cid:image001.png@01CE0382.09E1FC40] vCard<http://www.akerman.com/bios/vcard.asp?id=574> | Bio<http://www.akerman.com/bios/bio.asp?id=574> <http://www.akerman.com/> [http://www.akerman.com/akermansig.jpg]<http://www.akerman.com/> CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you. CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS regulations, we are required to advise you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this transmittal, is not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this e-mail or attachment. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org<mailto:landten@lists.flabarrpptl.org> http://mailman.fsr.com/mailman/listinfo/landten