Question for Trooper

N

nirvinerealtor_IHB

New member
<p>I am listing a home that I just found out there is illegal drug usage going. I am doing everything I can to explain the implications to the owner.</p>

<p>My question for you as if there is a drug bust at the house while I am or other agent showing it, will everyone on the premises get taken in?</p>

<p>Your answer is deeply appreciated.</p>

<p>Thank you,</p>

<p>NIR</p>
 
No NIR, it will be easily explainable.... very unlikely this will happen as we have "eyes on" a location before we hit it. The "eyes" will see you go in and put everything in a holding pattern. (Just make sure to look "realtor - y" when out front of the house....wave the fliers around or something).





And for goodness sakes, in the unlikely event it does happen, just grab the floor.
 
>Just make sure to look "realtor - y" when out front of the house....wave the fliers around or something





How about approaching anyone staking out the place and telling them what a good time to buy it is?
 
<p>I don't do criminal law. </p>

<p>How does she know anything other than a little pot smoking is going on?</p>

<p>If we are talking gro-lights and big green plants, I wouldn't go there just on general principles. Forget the cops, he/she might get involved in some sort of gang shooting thing.</p>
 
Question...





If you found out that there is illegal drug use, do you have any ethical responsibility to report or not report it to the police?





Just wondering...
 
<p>House_</p>

<p>I wonder the same thing. I am torn on this one. </p>

<p>I sometimes ran into new sellers/buyers who express wish for me to help them to comit frauds; and it is very clear for me to walk away from the deals.</p>
 
I have no thoughts on this one.



One time long ago I had a couple shooting porno in one of my model homes. Missed my chance at stardom.



Keep your head down!!!!



Regards
 
"If you found out that there is illegal drug use, do you have any ethical responsibility to report or not report it to the police?"





Looks like it's a question of legality, not ethics. Do you mean ethics as far as real estate licensure-- to that, I would say "What ethics?" because if you wanted to protect people from doing harmful things to themselves, like drugs, then you also would want them to not sign up for risky loan terms, which are similarly toxic. Ethics and Realtors, hah!
 
What happens if there was a bust and in the course of mayhem. The owner slips 'something, something' in Nirvinerealtor's purse or pockets?



Then there's some explanations on nirvinerealtor's part? Therefore, I say walk away from this. It's not worth the potential risk. Imagine the legal fees should you need an attorney to represent you.
 
<p>We know that doctor and attorneys have the confidentiality agreement with their patients/clients. As for the real estate agents, is there such an agreement? </p>

<p>Nirvinerealtor, do you know the guidelines set forth by the Dept. of RE on your predicament? Assuming there's no confidentiality agreement between RE agents and sellers. Wouldn't you have some liability of knowing yet not telling? Lets push this up another level. What if it's not a drug abuse but rather something more serious. Do you turn a blind eye and still represent? Where or when do you draw the line on representing? At what point, will the almighty dollar becomes less attractive? </p>

<p>Oh, I just thought of another scenario. At the time of signing, your client is under the influence. Will that be a binding contract? When 2 parties enter a contract, wouldn't contractual law requires that both parties be sober and alert?</p>
 
Yep, Reason, you have to be in your right mind to sign. I've had occasion, a couple of times over my 30 years, when I felt the seller was a bit nutso, but still sane enough to sign to videotape the signing. Just in case.
 
<p>Illegal drugs, the potential to get busted by the cops, or involved in a gang shooting... just to sell a house? Who says a Realtor's (TM) 6% commission is too high </p>
 
No, he was an engineer, not a lawyer.





He used it as a sign to admit that moving into middle age required getting glasses to read. (He got the papercuts from having his face to close to documents he was reading and flipping pages)
 
LL, I smell a CLASS ACTION ! I've totally gotten papercuts in the past....NO warnings whatsoever on the ream....sign me up !
 
<p>Um, two thoughts:</p>

<p>1. Is the seller, the drug user? Or is this a rental property? If a rental, the seller needs to evict first, IMHO.</p>

<p>2. What is the drug? Pot? Heroin? Crank? Is it just using or a little distribution? Any manufacturing? More importantly, any past manufacturing or growing, in which case, isn't the house technically likely to be toxically contaminated? Granted, Irvine seems pretty dense for someone to be cooking up a batch of crank, but who knows...</p>

<p>I realize it seems trivial to differentiate with the drugs, but I'd be much less concerned with a renter that smokes a little versus a house of renters shooting heroin or frankly worse, tweakers.</p>

<p> </p>

<p> </p>
 
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