Q: We purchased a home/ primary residence in June of this year. One of our neighbors former local PD shared that our home
had a Butane honey pot lab in it 2 renters ago. There was an incident that occurred which involved police, fire and the street being blocked off and one of the tenants skipped town. Should this have been disclosed to us prior to purchase and if so what recourse do we (Spouse and I) have?
A:
Under California law, sellers are required to disclose to potential buyers any known material facts that could affect the value or desirability of the property. This includes a history of drug manufacturing on the property, as it can pose health hazards and potentially impact the property's value.
If a butane honey oil lab was operated in the home, and this was known to the seller or their agent, it should have been disclosed to you prior to the purchase. The fact that there was a significant incident involving the police and fire department suggests that this was a known issue.
Your recourse in this situation would involve potentially filing a legal claim against the seller for failing to disclose this information. The success of such a claim would depend on proving that the seller knew about the lab and its associated risks, and that they failed to disclose this information to you.
It's advisable to gather as much information as possible about the incident and the property's history. You may also want to have the property professionally inspected for any residual contamination or damage related to the lab operation.
Given the complexity of real estate disclosure laws and the potential health risks involved, consulting with an attorney experienced in real estate law can provide guidance on the best course of action. They can help you understand your legal rights and options for seeking recourse.
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