My property (house, apartment, mobile home, etc.) was previously used to produce methamphetamine. Do I have a duty to disclose this to a potential buyer?
Yes. In Missouri, the seller of any real estate bears an obligation to disclose to the buyer whenever the property was previously used for any methamphetamine production. The seller must make this disclosure even if no arrest or conviction occurred. See RSMo. 442.606.
My property was previously inhabited by someone who was convicted of possession of methamphetamine. Do I also have a duty to disclose this to a buyer?
Yes. In addition to mandatory disclosures relating to methamphetamine production, the seller must disclose to a buyer whenever the real estate was used as a residence by anyone convicted of "any crime related to" methamphetamine. The same statute, RSMo. 442.606 does not appear to require that the crime involve the property. Instead, the statutory requirement is invoked even when a resident is convicted of a methamphetamine-related crime away from the property.
I purchased a house that was previously used for methamphetamine production or was previously occupied by someone convicted of a methamphetamine-related crime? Do I have any legal rights?
If the seller of the real estate failed to disclose to you (the buyer) either (a) that the property was previously used for production of methamphetamine, or (b) that a previous occupant or resident was convicted of a methamphetamine-related crime, you may be able to recover civil damages under RSMo. 442.606. In addition, you may be able to void the sale of the real estate and obtain a recission of the sale.
For more information regarding your rights, please contact our office.