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Perils Of Pot Houses - How Owners Get Duped
Pubdate: Sun, 16 Mar 2008
Source: Victoria Times-Colonist (CN BC)
Copyright: 2008 Times Colonist
Contact: http://www.canada.com/victoriatimescolonist/
Details: http://www.mapinc.org/media/481
Author: Bal Brach, Canwest News Service
PERILS OF POT HOUSES - HOW OWNERS GET DUPED
For One Family, Health Concerns And Legal Bills Pile Up Years After
Drug Den Cleared Out
OTTAWA -- An Ontario couple thought they had found the perfect place
to raise their two young children. But, what was to be their dream
home, in a safe, tight-knit community, soon turned into a nightmare.
They had purchased a former marijuana grow-op.
Four years later, health concerns and legal bills are piling
up.
The couple, who wish to remain anonymous, say there is evidence of
mould in the home and they worry about the health of their two young
children. Since moving in, the husband has suffered from sinus infections.
"Even if you get the air quality tests, you still have the worry in
the back of your mind, 'Is there any mould in the house? Is there
anything that's hidden? My children are coughing. Well, is it a cough
or is it because of something that's hidden behind the walls?' I don't
want to continue to live in a house that might have an effect on me or
my children later."
These folks found out the hard way they had stumbled into a former
drug den.
"In my case it was my neighbour coming out and saying, 'By the way did
you know this house was used as a grow op?' and my mouth dropped,"
said the husband.
The family is now embroiled in a costly legal battle over the purchase
of the house. The couple is suing the previous owner as well as the
listing agent and real estate agent involved with the
transaction.
They allege the real estate agent was fully aware of the previous use
of the home and failed to disclose the information during
negotiations. "You pay a lawyer for a reason, you pay a real estate
agent for the same reason, to do their due diligence . . . in my case
it wasn't even put on the listing," said the husband.
"We purchased the house four years ago and we're still in litigation,
it's totally ridiculous."
The couple is drained emotionally and financially. They owe lawyers
more than $100,000, not to mention the stigma they say never goes
away, from living in a former drug house.
"We went around to try and meet our neighbours and when they asked
where we lived, they said, 'Oh, you live in the drug house.' That's
not what I want to be known as. It causes a lot of hardship and pain
moving into an area where people know your house was a grow-op."
After spending their life savings on the home, the couple feels
helpless.
"Essentially they've been defrauded," said Toronto area lawyer Andrew
Ruzza. "They've purchased something which is not what they expected."
Ruzza, who is representing the family, believes legislation needs to
change to protect home buyers in Canada. When neighbours told Ruzza's
clients their home was a former grow-op, a simple check with local
police confirmed it. In some provinces, such as B.C. and Quebec,
however, privacy issues restrict the free flow of this type of
information.
"I'd really like a judge or a court to say there really is no right to
privacy when it comes to this sort of thing," said Ruzza.
The resale price of a former drug house varies from province to
province, but generally experts say the homes sell for 10 to 25 per
cent less than market value.
For those thinking of making a quick buck by flipping these
properties, the idea may be alluring, but be warned, it's costly.
"It's definitely not something I'd recommend to the average investor,"
said B.C.-based contractor Owen Brown, who rehabbed a drug lab in
Prince George last year. "There was toxic mould everywhere."
Brown said it usually takes his company a month to renovate a home,
but this former drug house took six months and cost more than $150,000.
"We ripped out everything, downed fixtures, even some of the exterior
studs. I own my own construction company; otherwise the costs would
have been substantially higher."
Brown estimates that hiring a contractor would have cost nearly
$230,000. "I would stay away from grow-ops unless you know the
contractor very well."
Mould is linked to a wide range of symptoms and illnesses, including
asthma. Health Canada says it can trigger asthmatic attacks, as well
as a number of other respiratory problems such as coughing and
wheezing. Mould exposure is also tied to headaches and an increase in
allergic reactions. It can be especially dangerous for children and
people with weakened immune systems.
Ruzza warns home buyers to be aware of their rights when signing
contracts. He suggests asking the seller clear questions about what
activities took place in the home, in the purchasing contract.
"Have the vendor sign off that they're swearing the house was never
used as a grow house. It's a right you have as a party to a contract
to include a term that's favourable for you. If they're unwilling to
sign off on it, then ask why," he said.
Ruzza's clients are just one of many families across Canada devastated
after learning their homes were former grow-ops. The case is still
several months away from trial.
In an attempt to protect the public, many police forces across the
country now publish the addresses of busted grow-ops on their websites.
Ottawa is the latest police force to target the multi-billion dollar
marijuana industry.
"They come in and spend hundreds of thousands of dollars and if
something illegal happened there and we have the information, I think
we have a requirement to provide it to people," said Ottawa police
Chief Vern White.
Since the beginning of February, Ottawa police have been listing the
addresses of dismantled grow-ops and meth labs on the police website.
There's not a lot of work to this. We develop our website and that's
it," said White. At the end of three months, the published information
migrates to the City of Ottawa website where it will stay.
"I think it has to be everywhere . . . I'm not convinced that there
shouldn't be a national registry required."
According to an RCMP report, law enforcement agencies across the
country seized nearly two million marijuana plants in 2006.
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