Last Updated on October 24, 2023 by Neil Sharma
A provincial real estate association is urging stronger consumer protection laws where marijuana grow ops are concerned.
The Ontario Real Estate Association, representing over 70,000 sales agents in the province, says young families and seniors are particularly susceptible to health hazards rampant in houses used to grow marijuana, and by following their recommendations, deleterious health effects can be averted.
A five-point strategy put forth by OREA wants grow ops to be remediated before they can be listed, but in order to do that they must be properly inspected. The association is also calling for an amendment to how many plants can be grown in a single housing unit from four—which is what has been sanctioned under the federal government’s imminent legalization plan—to one in units up to 1,000 square feet.
“We want to register grow ops,” said OREA President David Reid. “A work order will be put on title so that way lawyers, realtors, etc., do title searches when you’re going to buy your home and they would see. We want it registered. In order for that home to be sold, that has to be lifted. Whatever damage was caused—and you’re talking heavy heat and humidity, temperatures that would cause mould and fungus—has to be fixed because you don’t want young families and seniors coming in.”
In order to determine the damage, Reid says inspectors should receive mandatory training.
“So they know what to look for, they recognize warning signs. Has the electrical been tampered with? Are there extra lines where electricity comes into the home? Are there extra bricks, or is there a conduit where they tried to harness electricity?”
Reid also believes adherence to OREA’s recommendations would go a long way towards rehabilitating a property stigmatized by a grow operation, but he says homeowners’ health is ultimately paramount.
“The bottom line is we want to try to protect Ontario homeowners from health and safety issues with illegal grow ops,” he said. “We’d support a ban but we know that’s not pragmatic because legalization is going to happen.”
Brett Starke supports OREA’s proposal. Having dealt with grow operations before, he says sales agents are put under more pressure and have to walk on eggshells to avoid legal ramifications.
“It would make the job a lot easier because you’d just have to put up the disclosure and registry numbers so people could do their own due diligence,” said the head of the Starke Realty Team. “If somebody is relying on your word specifically, you have to watch what’s going into your emails word for word, you have to watch what you’re saying so you’re not quoted, and you have to make sure you’re doing everything to the T, otherwise you risk the chance of losing your license and having a fine, and an upset seller.”
Determining the extent of the grow operation is immensely difficult, making additional oversight necessary.
“It’s difficult to find out, especially if it’s only been remediated on the base level, because we can’t look behind walls, even with an inspection,” said Starke. “Anything to make people do what we’re supposed to be doing as a registrant and as a realtor is a good idea, especially if it’s to protect people. We’re not trying to take anything away from people, we’re trying to protect people. We have a duty to protect our clients.”
Neil Sharma is the Editor-In-Chief of Canadian Real Estate Wealth and Real Estate Professional. As a journalist, he has covered Canada’s housing market for the Toronto Star, Toronto Sun, National Post, and other publications, specializing in everything from market trends to mortgage and investment advice. He can be reached at neil@crewmedia.ca.
