'IT WAS A GROW OP'

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 have made a formal request 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.

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

"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."

Homes or other buildings used for grow ops usually have been subjected
to extremely damp air, which leads to internal rotting of drywall and
wood, and electrical wiring is frequently tampered with.

A disturbing new trend - called grow rips - has also developed in the
region in which thieves break into homes they believe contain grow ops
to steal the pot, only to discover the houses have been sold and are
now occupied by innocent families.

If the provincial real estate association approves the move, RCMP
Supt. Ward Clapham said it would be an invaluable tool in the fight to
shut down grow ops. "That would be a huge benefit for us and for the
community if that turned into reality. Absolutely I would applaud
that. I would be ecstatic."

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.

Although marijuana seems to be the biggest drug-related problem in the
Lower Mainland today, Clapham said that could change. He'd like to see
the association be proactive and include drug labs in the disclosure
requirement, noting that these clandestine facilities use toxic drugs
that can have adverse health impacts on a home.

Criminals thrive on opportunities, he said, and if building labs to
cook drugs like ecstasy and crystal methamphetamines is easier than
marijuana, that's something they may just decide to do in the future.

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.

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