GROW-OP HOUSE LIST UNLIKELY

Owners of dwellings that once housed drug labs or grow-ops don't
necessarily have to disclose the property's criminal past when it is
resold -- a problem which a representative of Regina's realtors says
could be avoided if a public list of such residences was available.

Gord Archibald, executive officer of the Association of Regina
Realtors, said he would like to see officials in the Queen City
follow the Calgary Health Region's lead and publish a list of illegal
drug operations. On the region's Web site, all health inspection
orders that have been issued for such properties are listed by the
address, citing the problems in the dwelling and necessary clean-up.

"We would certainly encourage such a list to be published by one of
the authorities and that would at least provide a resource for
prospective buyers or even agents could go to and easily identify
properties that have been grow operations," said Archibald.

Mark Torjusen, spokesman for the Regina Qu'Appelle Health Region,
said it does not have the resources to create such a list.

Dwayne Flaman, the City of Regina's manager of bylaw enforcement who
oversees its house inspections, said the idea of such a list had been
raised but would require legal consultation to be pursued.

Archibald said Regina realtors are dealing with more properties in
nicer areas such as Wascana View which have previously been used for
illegal activity.

"Generally speaking, although these are very rare, there is likely
more of them occurring. I know the pattern of higher-end homes being
used as grow-ops is not unique to Regina. That's the case really in
other centres across the country as well," he said.

When such a home is up for sale, the real estate agent would have an
obligation to disclose the property's criminal past to prospective
buyers if the agent knows about it. However, Archibald said when it
comes to the owner who is selling the property, how the previous
illegal activity has affected the condition of the home comes into question.

"In the case of grow-ops, there can be damage to the property in the
form of mould, possible changes to the electrical system's wiring,
that type of thing. The sellers have a minimum obligation in law to
disclose any material defects, meaning anything that would make the
property unliveable or unsafe," said Archibald.

"It may be unsafe, it depends on the type of mould, but they would
have that minimum obligation to disclose that. Beyond that, they
don't really have a legal obligation to disclose anything."

If a buyer asked certain questions about the property, the seller
could choose to respond, which Archibald said would have to be
truthful to the best of their knowledge. The same rule applies for
any voluntary disclosure the seller may make, such as through a
property condition disclosure statement.

"That doesn't mean there may not be other problems. It's to the best
of their knowledge," he said.