Inspecting Permitted Pot Growing Rooms

Inspection yesterday in San Jose on a duplex. In the Cellar, the seller had a permitted marijuana growing room, full of lights, independent ventilation systems and other equipment to support the room. I have disclaimed this area as it is temporary and will be leaving the home when the seller moves out.
Anybody else run into this yet? With the legalization I believe I may be seeing more of these rooms.

I inspected a few houses with some pretty substantial grow operations. Some "legal," some not so much. I have also been doing inspections for a company that builds cultivation & distribution centers. It's beginning to develop into an industry and these guys are on the cutting edge.

as a Side Note: what precautions have you taken in your reporting and especially your inspection Contracts to limit your liability in these situation. For those of you in states where MJ is now legal, I believe you should especially seek legal guidance in making additions to your contracts.

The environmental exposure created from a cannabis grow room is minimal in comparison to a Meth lab situation, but the issues that can be created from a grow room as far as Mold and other issues are huge. We have not had any major claims related to this situation, but I anticipate their will be complaints and frivolous lawsuits from clients coming in the future and sophisticated risk management will help us to tell these clients making frivoulous demands outside the scope of inspection to Pound Sand!

Let's help them more than that Will. Inspectors don't have attorneys sitting in their office...you have losses to prevent, I have E & O deductibles that I have to pay, you and I are in many ways a worse position than the inspector. Let's come up with something for them instead of telling thousands of inspectors to individually pay an attorney hundreds.

Very Well Nathan.

I will see if I can get some verbiage and specifics from someone much more qualified than myself and post it here for all to have access to.

Heres one:

Controlled Dangerous Substances Exclusion: The Client understands that this home inspection is not intended to discover or disclose whether any system or component of the Property has been affected by the illegal or legal manufacture, distribution, storage, possession or sale of any controlled dangerous substances, including, but not limited to, methamphetamine and/or Marijuana, and including any and all chemicals, tools, household fixtures or appliances used to facilitate such activities, and the Client further understands that the Company cannot determine whether any environmental hazards exist at the Property resulting from any activities related to any controlled dangerous substances.

That's about perfect. Awesome Will.

This message was edited 1 time. Last update was at 07/11/2014 06:04 PM EDT

wcolton wrote:Heres one:

Controlled Dangerous Substances Exclusion: The Client understands that this home inspection is not intended to discover or disclose whether any system or component of the Property has been affected by the illegal or legal manufacture, distribution, storage, possession or sale of any controlled dangerous substances, including, but not limited to, methamphetamine and/or Marijuana, and including any and all chemicals, tools, household fixtures or appliances used to facilitate such activities, and the Client further understands that the Company cannot determine whether any environmental hazards exist at the Property resulting from any activities related to any controlled dangerous substances.

That's what I am talking about, help when you ask for it, what a novel idea. So quirky it might catch on.

Not only was it help, it was two industry vendors making sure you didn't have to spend money in attorney's fees, and nobody else swooping in with the typical "it's not our job"/outside scope arguments that are basically a way of calling you stupid.

We all live under the assumption that anyone coming to this forum, inspector or agent, is a seasoned professional- and if they're asking advice we don't tell them that they need advice or say "call an attorney". The value of that is nothing, and it's what makes other forums completely useless.

Here you have your E & O provider for many of you, and your warranty provider, giving you and standing behind verbiage. Kudos again to Will Colton.

Thanks Will. That will be going into my contracts TODAY.

Whoops, today's contracts are already printed.

That will be going into my contracts MONDAY

Thanks guys! While this issue isn't hot in Missouri (yet) I'll tuck this away for future use.

What are the chances I learn something useful every day on the FORUM? So far, I'm two for two!!

Looking like Florida may expand its "medical marijuana" laws soon. For now, we advertise: "If you're looking for a home inspector we do not research permits/licenses for grow rooms and we assume all grow rooms are duly authorized by the local jurisdiction having authority" and once FL gets Colorado type licensing, "due to the downturn in the marijuana economy, distressed drug lords receive 10% off any grow room inspection".

Will's contract language was pretty good too - thanks, guys!