Radon Gas and Mold Notice
and Release Agreement and
Urban Development
Office
of Housing
Federal Housing Commissioner
PURCHASERS
ARE HEREBY NOTIFIED AND UNDERSTAND THAT RADON GAS AND SOME MOLDS HAVE THE
POTENTIAL TO CAUSE SERIOUS HEALTH PROBLEMS.
Purchaser
acknowledges and accepts that the HUD-owned property described above (the
“Property”) is being offered for sale “AS
IS” with no representations as to the condition of the Property. The
Secretary of the U.S. Department of Housing and Urban Development, his/her
officers, employees, agents, successors and assigns (the “Seller”) and [insert
name of M & M Contractor], an independent management and marketing
contractor (“M & M Contractor”) to the Seller, have no knowledge of radon
or mold in, on, or around the Property other than what may have already been
described on the web site of the Seller or M & M Contractor or otherwise
made available to Purchaser by the Seller or M & M Contractor.
Radon is an invisible and odorless gaseous radioactive element. Mold is a general term for visible growth of fungus, whether it is visible directly or is visible when barriers, such as building components (for example, walls) or furnishings (for example, carpets), are removed.
Purchaser
represents and warrants that Purchaser has not relied on the accuracy or
completeness of any representations that have been made by the Seller and/or M
& M Contractor as to the presence of radon or mold and that the Purchaser
has not relied on the Seller’s or M & M Contractor’s failure to provide
information regarding the presence or effects of any radon or mold found on the
Property.
Real Estate Brokers and Agents are not generally qualified to advise purchasers on radon or mold treatment or its health and safety risks. PURCHASERS ARE ENCOURAGED TO OBTAIN THE SERVICES OF A QUALIFIED AND EXPERIENCED PROFESSIONAL TO CONDUCT INSPECTIONS AND TESTS REGARDING RADON AND MOLD PRIOR TO CLOSING. Purchasers are hereby notified and agree that they are solely responsible for any required remediation and/or resulting damages, including, but not limited to, any effects on health, due to radon or mold in, on or around the property.
In
consideration of the sale of the Property to the undersigned Purchaser,
Purchaser does hereby release, indemnify, hold harmless and forever discharge
the Seller, as owner of the Property and separately, M & M Contractor, as
the independent contractor responsible for maintaining and marketing the Property,
and its officers, employees, agents, successors and assigns, from any and all
claims, liabilities, or causes of action of any kind that the Purchaser may now
have or at any time in the future may have against the Seller and/or M & M
Contractor resulting from the presence of radon or mold in, on or around the
Property.
Purchaser
has been given the opportunity to review this Release Agreement with
Purchaser’s attorney or other representatives of Purchaser’s
choosing, and hereby acknowledges reading and understanding this Release.
Purchaser also understands that the promises, representations and warranties
made by Purchaser in this Release are a material inducement for Seller entering
into the contract to sell the Property to Purchaser.
Dated this ____ day of ____________, 20__.
Purchaser’s Signature Purchaser’s
Signature
Purchaser’s Printed Name Purchaser’s
Printed Name
Form HUD-9548-E (6/2004)