Pubdate: Sat, 30 Jul 2005
Source: Toronto Star (CN ON)
Copyright: 2005 The Toronto Star
Contact:  http://www.thestar.com/
Details: http://www.mapinc.org/media/456
Author: Bob Aaron

READERS SAY MARIJUANA GROWING CONCERN

Judging from the flood of emails and faxes I received following my July 9
column (Grow house disclosure is critical, archived at
http://www.thestar.com under Columnists), it seems the issue of disclosure
of grow house operations on police websites and in agreements of purchase
and sale is quite a hot topic among real estate stakeholders.

I suggested in the column that Toronto police should list known grow house
locations on their website. I also suggested a warranty clause that a
property has never been used as a grow operation become part of the standard
form used for Ontario house purchases. I pointed out that police websites in
Winnipeg and London, Ont., list locations where search warrants have led to
the seizure of marijuana plants.

In March, Cambridge MPP Gerry Martiniuk introduced a private member's bill
at Queen's Park. Bill 181, the Protection Against Illicit Grow Houses Act,
2005, would require a vendor to reveal in any agreement of purchase and sale
if the building or structure has been used to grow any illicit drugs.

Peter Boesener, of Top to Bottom Inspections in Brampton, emailed to say
that he has seen his share of grow houses. One house he inspected recently
had been totally cleaned up and the local police wouldn't reveal anything
about its history. After the new owners moved in, they discovered it had
been a grow house and busted by the police several months earlier.

Raleigh Child wrote that my July 9 column "should be required reading for
everyone concerned with real estate whether as a buyer or seller . an
agreement to purchase should include a standard grow house clause."

"I have been a professional realtor for 30 years," wrote Cheryl Mills of
Re/Max Realty Specialists Inc., "and I certainly see grow houses as a huge
problem for the public and those involved in the real estate industry ... I,
for one, agree that we should have a public website that lists all homes
that have been identified as grow ops and there should be huge fines for any
sellers or agents who have this knowledge and do not disclose it ... As far
as I am concerned this information should be disclosed on the MLS listing."

Three years ago, David Hatch of Brampton purchased a grow house and didn't
know it until he went to sell it recently and was asked to fill out a
disclosure form by his agent. A phone call to Peel Regional Police confirmed
the house had been used as a grow op.

After doing some research, Hatch found out that the operation had been
running for less than two months before it was discovered and shut down.
Fortunately, even after disclosure, Hatch sold the house for 99 per cent of
the asking price to a purchaser who seemed unconcerned about its history.

Heidi Ostrander emailed that she and her husband viewed a home in
Mississauga in April. "The real estate agent did not disclose that the house
had been a marijuana grow house," she wrote. "She was aware of its prior use
and said she forgot to tell us." Ostrander found out a week prior to closing
and was able to back out of the purchase. "I was lucky," she said, "but the
house has since been relisted with no disclosure of its prior use."

David Franklin supports the London police force's decision to publicize
locations where search warrants have been executed for controlled
substances, and says he would like to see this information published for all
Ontario jurisdictions. So would I.

My colleague John Cosman practises law in Cambridge. He emailed me to advise
that the Waterloo Regional Police refuse to release grow house information
but "it has been suggested that a Freedom of Information request be made."

I also heard from Donald Tedford, chief building official of the town of
Hanover. He suggested that grow houses with only minimal levels of
contamination need not have the stigma of being listed as grow houses. He
suggested the development of a set of standards, similar to the .08 alcohol
level that is the cut-off for impaired driving. "We have to start
somewhere," he says.

On the other side of the argument, Tony Lam emailed to say that I was
"overreacting in the name of political correctness" since moulds and fungus
are with us daily.

Both he and Alison Myrden agreed the solution to the problem is to take the
profit incentive out of the equation by making marijuana legal. Lam wrote:
"Bob should get off that soapbox once in a while and do some serious
writing."

The last word goes to John Regitko, an old friend with a marketing
background. He wrote to say, "If I was selling a house that had been used as
a grow operation, I would leave a bunch of plants behind during open house
and raise the price by a few thousands. What's the matter with people? Don't
they know how to promote any more?"
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MAP posted-by: Josh