REALTORS BACK 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, The Richmond Review 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."

If the provincial real estate association approves the move, Richmond
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."

Richmond has as many as 600 homes suspected of growing marijuana.
Recently, two innocent families were victimized by armed thieves who
believed their homes were grow ops. One house was a former grow op.

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."

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

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 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.

B.C. Attorney General Geoff Plant was cautious about whether there was
a need for provincial legislation requiring landlords to inform
prospective tenants of prior marijuana growing activity.

"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 having 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."

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