We've all read in the papers and most recently heard on the news 'Grow Op's' continue to be a thriving business and a continued headache for homeowners who discover that their premises have been rented out for such purposes.  The damage that is caused structurally to a home can be devastating as a result of the very nature of the conditions necessary to maintain a successful 'grow op'.

To the naked eye once the unwelcome tenants have vacated, it can appear that the home has been cleaned up to one's satisfaction. The concern lies with the unseen contaminants caused by mold growth and the water and chemicals that are used in such operations.

Real Estate and Liability

Under our common law system the disclosure obligations of the listing agent are similar to the selling agent. According to the Canadian Real Estate Association both listing and selling agent are required by law to disclose that a property was an illegal drug operation when any one of the following conditions exist.

A. There is an actual material latent defect of which the vendor knows or ought to know.

B. The buyer asks a specific question or expresses a specific concern.

C. The agreement of purchase and sale contains representations that the property was not used as an illegal drug operation or for criminal activities.

D. There is some stautory or regulatory requirement that this disclosure be made.

All premises should be inspected to ensure that it has not been an MGO. This requires a preliminary assessment of the subject property. A thorough detailed inspection and assessment needs to follow if there are signs of an MGO. This should be carried out by a certified professional environmental consultant. The majority of municipalities in British Columbia have identified in their municipal by laws a "Certified Industrial Hygienist/Registered Occcupational Hygienist" as being qualified as a "professional environmental consultant".

The detailed inspection and assessment should inlcude but is not limited to the following:

1. Visual inspection which may or may not include intrusive and or destructive testing.

2. The use and application of specific instrumentation including mositure meter, infrared camera.

3. Identification of any form of contamination including; mold, chemical, pesticides, herbicides,heavy metals, and asbestos.

4. Identification of any cross connections and or plumbing related issues related to contamination of the water supply.

5. Observations as to the need for a Phase 1 Environmental Site Assessment if there is evidence of contamination outside of the premises to the property to adjoining properties.

6. A scope of work necessary to remediate the property and to determine what can be cleaned vs what should be disdcarded.

7. Post remediation sampling specfied by the environmental consultant to ensure that the scope of work was completed successfully.

Many mortgage companies and financial institutions are recognizing the importance of this type of specialized inspection and are insisting that is a condition of sale to avoid liability issues.

Marijuana grow ops (MGO's) can lead to significant indoor air quality issues in homes and buildings. Once an MGO has been identified professional remediation and post clearance sampling is required by municipal enforcement officials.

Home inspectors are generally not trained or certified to conduct indoor air quality investigations related to marijuana grow operations or clandestine labs. The mold associated with MGO's can cause significant health issues for persons buying the home that are immune suppressed. A home may look mold free upon first glance and not appear to have a problem. Furhter investigation however may reveal that scanty remedation practices has covered up hidden mold behind walls, under floors and in areas not recongnized by the untrained professional.

Antiquity provides pre-purchase sampling and post closure sampling of premises for bioaerosol chemical contaminants in accordance with applicable municipal, provincial and federal regulatory criteria. All sampling is conducted in accordance with recognized industrial hygiene sampling protocols.