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What are Your Disclosure Obligations?
The disclosure obligations of real estate agents in Ontario are unclear for what are commonly referred to as stigmatized properties. But disclosure is clearly required for one category of stigmatized properties that being homes that were used in a grow-op operation.
The RECO website has a notice about marijuana grow houses which states that, “Brokers and salespersons are obligated to disclose any material fact about a property that they are aware of that could affect a person’s decision to buy, including if the home is a former grow op.”
There are discipline decisions available on the RECO website that confirm RECO’s position that members are required to disclose if a property was a former grow-op. A decision from 2007 and one from 2011 resulted in the same penalty against the agent for failure to disclose a requirement to pay $15,000.
See the full article in the April newsletter on my website to obtain details on how to determine if a property has been the location of a former grow op by clicking here.