REALTORS ARE BACKING GROW OP DISCLOSURES

Before the end of the year, those wanting to sell their home may be
required to disclose to prospective buyers whether the property has ever
been used to grow marijuana, or perhaps even housed a drug lab.

Both the Real Estate Board of Greater Vancouver and the Fraser Valley Real
Estate Board made a formal request last month to the B.C. Real Estate
Association to amend the property condition disclosure statement, used
during real estate sales, to include a reference to marijuana growing
operations, MetroValley News has learned.

"This is something that has to be nipped in the bud," Vancouver Real Estate
Board president Bill Binnie said Wednesday afternoon.

"Grow ops are a huge problem. Realtors are very concerned with the health
and safety of the community. We want to make sure the buyers of property
are getting complete information."

Binnie said the Vancouver board is the largest member of the provincial
real estate association, and the Fraser Valley board is the second largest.
He predicts that, barring anything unforeseen, the new disclosure
requirement will become a reality.

In the event sellers are not truthful in the disclosure, which they would
be required to sign as part of the contract of sale, it would give the
buyer an avenue for legal recourse should, for example, a grow rip occur
sometime in the future.

Binnie noted his board has for some time recommended to its member realtors
to request sellers to voluntarily disclose information about marijuana
growing operations.

David Herman, president of the B.C. Real Estate Association, said a
committee of realtors and lawyers will carefully study the proposal and its
implications during their next meeting in February.

"On face value, it's something we need to address and discuss," Herman said
of the proposal. "If the committee decided to (approve the proposal it)
certainly would happen before 2005."

"Realtors are obviously concerned about crime in our communities."

Asked how much it would cost to make changes to the disclosure statement,
Herman said: "There's a financial investment, but it's negligible."

Asked whether the disclosure could be expanded to include drug labs, Herman
said: "That's probably a good suggestion," adding that he would ask the
committee to discuss a broader definition aside from just marijuana growing
operations.

Asked if there's a need for provincial legislation requiring landlords to
inform prospective tenants of prior marijuana growing activity, B.C.
Attorney General Geoff Plant was cautious.

"As a provincial government, we've been doing everything we can to respond
to the problem."

Plant, the MLA for Richmond-Steveston, questioned whether more bureaucracy
would have a serious impact on the problem, or if it would instead place
another burden on law-abiding citizens.

He noted that earlier this month, landlords were given the right to
terminate tenancy agreements and eventually evict tenants if illegal
activity is happening on their property.

Plant said provincial law enforcement only has a "few tools in the basket"
to fight marijuana growers, and said it's time for the federal government
to act.

"Should illegal activity be disclosed by every landlord in the province? I
don't think it's a right response to this problem."

There's no question that marijuana is a serious problem, but Plant said the
justice system "doesn't take the problem seriously enough."

Plant said that in places where the price to be paid for growing marijuana
is high, the problem is not as severe as in B.C.

"Where tolerance in the justice system is lower, the problem is smaller."