Be Safe as Houses
How Meth Contamination affects
REAL ESTATE AGENTS
& PROPERTY MANAGERS
BEWARE because ignorance of the issue of Methamphetamine contamination is definitely not bliss. Under Consumer Protection legislation, if the buyer or tenant of a property becomes ill from exposure to a known former clan lab or smoke house, and it was not disclosed as a material fact, the owner and real estate agency could be subject to legal action. It's in your interests to find out.
Also, we have found that you may not be covered under your professional indemnity or public liability insurance.
Make sure you double check this.
Property Sales
According to the ACCC website
It is unlawful for real estate agents to:
-
intentionally mislead someone
-
lead someone to a wrong conclusion or impression
-
give someone a false impression
-
leave out or hide important information (e.g. in fine-print disclaimers)
-
make false or inaccurate claims.
It makes no difference whether the agent meant to mislead or deceive —it is how the conduct is perceived that matters.
​
If as a real estate agent you do not disclose any history of drug use or suspected history of drug use on the property or contamination of the property you have committed an unlawful act.
​
What if you genuinely didn't know?
Well ignorance is no excuse. With the growing prevalence of Meth contaminated properties coming on the market it is your duty to know. Insisting that you will NOT sell a property until it is tested would be a great way to ensure you do the right thing by the purchaser.
Property Managers
Whilst Common Law in Australia dictates that landlords have a duty of care to guarantee the safety of rented properties it is often the managing agency that bears the brunt of any legal action when claims arise as a result of being exposed to an unsafe living environment. If you have failed to assess the risk of Meth contamination in the property then there is the potential that this could threaten your livelihood and the reputation of the business you work in. It is a serious risk and needs to be treated by you as a serious risk. Claiming ignorance of any possible contamination is not a feasible or ethical tactic to rely on. You will be found out eventually. Its far better to educate yourself to the issue and address the risk in a professional manner.
​
Children are by far the worst affected by contaminated properties, they alone deserve you to be aware of the issues and to make every effort to ensure they have a safe place to live when its under your care.
​
How can you do this?
-
Use this site to educate yourself.
-
Undertake professional development with your state REI.
-
Educate your landlords to the benefits of testing.
-
Understand the benefits of testing premises prior to occupancy as this gives you a base line to act on should subsequent testing prove positive.
-
Have it written in the contract that there will be no use or production of illicit drugs of any kind on the premises.
-
Carry out random testing during the tenancy.
-
Be aware of tell tale signs of drug use on the premises.
-
Drive by the property occasionally to note any signs of suspicious activity.
-
Report suspicions to police.