Question
As a Listing Agent, the house and owner were granted a Commercial Marihuana Grow Op license for 100 plants.
When owner moves, license does not stay with the property. This is all legal, so do I have to disclose this as a grow op?
Answer:
You probably do and the Seller probably doesn’t. The two criteria for disclosure are different. You require the Seller’s informed consent to make that disclosure.
It is not the fact, or the legality which is an issue; the question is whether there was any resulting damage from mould, contamination or infestation which affects the value. If that’s measurable, then disclosure is required.
There’s also the matter of a stigma, however, that would not likely require disclosure.
Brian Madigan LL.B., Broker