Why meth lab disclosure laws don’t work and how they should be changed
October 14, 2008
Studies about the toxic dangers that exist inside of meth lab homes have been conducted by the U.S. government for over a decade, yet laws to protect home buyers and renters are not mandated in every state, nor are they working to protect home buyers.
State laws enacted to help protect home buyers from buying homes are based on a seller’s knowledge and their honesty, both of which leave room for error. If a seller knows that a home was used as a meth lab, they are mandated by law (in some states) to disclose that information to a prospective buyer. But, what if they don’t know about the home’s history? What if their nephew or a friend rented their home and used it to make meth and there was never a meth lab bust? What if they rented the home and they have no knowledge of meth being made in it? Then the disclosure may not hold them liable for violating the meth lab disclosure that’s been mandated by their state law.
Disclosures about meth lab homes also assume that the seller will be honest and tell a prospective buyer about the home having been used as a meth lab. But, with meth lab decontamination costs starting in the $3,000 - $5,000 range and going as high as $100,000 or more, home sellers may not reveal the true history of the home they’re selling. If they don’t reveal the meth lab history of the home on the real estate disclosure form, then home buyers assume that the home they are buying was not used as a meth lab. The home buyer, at that point, could sue the seller for not disclosing the home’s history, “if” they ever found out that the home was used as a meth lab. But, how long will it take before the home buyer finds that out? It took my son 3 years before he found out about the history of his home from neighbors. If his neighbors hadn’t told him, he’d still be living in a contaminated home with his wife and two young sons. And they would still be breathing in the toxic chemicals that were found in his home by a professional testing company.
So, if meth lab disclosure forms don’t work, what will? I’ve been thinking a lot about that since my son found out that his home was contaminated by meth in 2007. I think the only way to assure home buyers and renters that the home they are buying or renting is safe for them and their children to live in is for states to require the home be tested, similar to the way homes are tested for lead.
Meth lab homes are still being sold because no pre-sale or pre-rental testing is being required. Chippewa.com reports in their article “Are you living in a former meth lab?” that homes that have been busted for meth were still contaminated up to 4 years later. *My son’s home had his home tested 3 years after the former owner had been busted for meth and the testing company told him that the toxin levels found in his kitchen were the highest he had ever seen during his career.
The St. Louis Dispatch says that Missouri’s law is routinely violated. Reason? Once again, the seller has an incentive to lie or omit that information from disclosure forms. A professional test would tell the truth!
Illinois does not have any law in place yet. Illinois, if you’re listening, put a law in place that truly protects homeowners instead of creating mandates that rely on the honesty of those who have a major incentive in lying about the contamination!
Home buyers and renters do not have a reliable way to find out whether or not a home has ever been used as a meth lab. *DEA lists of meth lab homes can not be relied on. Neither can lists produced by counties. All lists currently published on the net are incomplete and may give home buyers or renters a false sense of security. Mandated testing before the home was rented or sold would eliminate any guesswork.
The St. Louis Dispatch also says that 1 out of every 5 meth labs found in the U.S. has either been found in Missouri or Illinois, according to the DEA. If you’re thinking about buying or renting in either of these states, be aware of the risks you face before you sign on the dotted line. And although Missouri and Illinois have alot of meth labs, keep in mind that meth labs are found across the country, not only in MO and IL.
Reference: Byers, Christine “Residents get no warning they are moving in to former meth house”, chippewa.com, 10/13/08, http://www.chippewa.com/articles/2008/10/13/news/doc48f4093a3dd71595899900.txt
Comments
One Response to “Why meth lab disclosure laws don’t work and how they should be changed”
What do you think?
I thought your editorial was spot on!.As a decontamination specialist for the state Utah I see this ALL the time. In southern Utah people turn a blind eye or just stright lie about their home.The health dpt. in the southern region won’t step up to the plate. It’s extremly frustrating.