Disclosure of meth results not required
WELLINGTON: The real estate watchdog has confirmed agents no longer have to disclose meth contamination results when selling homes if they fall under a new recommended threshold.
But agents who have faced disciplinary action for failing to alert buyers to P contamination at now discredited lower levels will not have their cases reheard, the Real Estate Authority (REA) says.
Last week, Housing Minister Phil Twyford released a report by Government chief science adviser Peter Gluckman which said there was no evidence methcontaminated homes were a health risk to people who lived in them.
His report set a new safety threshold of 15mcg per 100sq cm that would now triggered decontamination.
It meant Housing New Zealand (HNZ) had spent $100 million needlessly decontaminating state houses and evicting tenants, having previously used a threshold of just 1.5mcg/100sq cm.
Many homeowners have also paid for prepurchase meth tests or costly decontamination work that now appears to have been unnecessary.
In response, industry body the Real Estate Institute called for the watchdog to urgently clarify disclosure rules for agents, given P contamination was such an emotive issue for buyers, which also carried professional obligations for licensed agents.
REA chief executive Kevin LampenSmith issued a statement yesterday saying real estate agents were not obligated to disclose confirmed results below 15mcg per 100sq cm unless they were asked.
‘‘Methamphetamine contamination of 15mcg per 100sq cm or above will now be considered a property defect that must be disclosed to potential buyers.’’
Mr LampenSmith said this position reflected the findings in the Gluckman report.
The report said that methamphetamine testing was only necessary if there was a strong suspicion or advice from police that a property had been used for heavy methamphetamine use or production using solvents or highly toxic chemicals.
‘‘The REA welcomes the report, which brings muchneeded clarity to an extremely fraught area.’’
However LampenSmith said the new guidance and findings in the report did not alter previous disciplinary decisions made by the regulator’s Complaints Assessment Committees or the Real Estate Agents Disciplinary Tribunal. — NZME