New Mexico
New Mexico law requires meth house disclosures | Column
When Eddie and Eva Bloor purchased their Cowlitz County, Wash., home in 2004, they had no idea the house had been used for methamphetamine production. Neither the sellers nor the real estate brokers disclosed to the Bloors that toxic chemicals had been found at the residence.
The newly minted homeowners were shocked when the local health department caught wind that the property was contaminated and deemed it unfit for occupancy. The Bloors were ordered to immediately vacate the residence and not remove any of their personal belongings due to the risk of cross contamination. They left with only the clothes on their backs and had to spend tens of thousands of dollars to relocate and replace virtually everything they owned.
Due the high cost of moving and replacement of clothing, furniture, electronics, appliances, toothbrushes and who knows what else, the property went into foreclosure. Shortly thereafter, the Bloors filed suit against the agents and former owners. Almost four years passed before the case finally made its way through the judicial process. In the end, the displaced homeowners were compensated for their losses and awarded punitive damages.
While the sellers and brokers were obligated to disclose the existence of the meth lab prior to the sale, the State of Washington had no law on the books that required law enforcement to disclose the existence of toxic chemicals to any persons or agencies. The same was true in New Mexico until Jan. 1, 2008, when a new law took effect requiring law enforcement agencies that bust meth labs to immediately post a warning on the property and notify the owners and/or renters that toxic chemicals were found on the premises.
The law also makes it mandatory for law enforcement agencies to notify the New Mexico Environmental Department’s (NMED’s) Hazardous Waste Bureau, which posts the addresses of the contaminated properties on its website https://www.env.nm.gov/hazardous-waste/clandestine-drug-laboratories/ until they’ve been cleaned up to the standards outlined in the law. Addresses of properties that were the subject of federal enforcement actions are also listed on the site.
Until full remediation of the problem has been completed and approved by NMED, owners cannot sell, rent or otherwise occupy the property. When the property is ready for the open market, owners are required to disclose in writing to buyers or renters that a meth lab was found on the premises and that full remediation was completed in accordance with the law. Violation of the statute is a criminal misdemeanor and can also result in a civil fine of up to $10,000 per day.
This is not the only housing-related disclosure law on the books. New Mexico law (NMSA 1978 § 47-13-2) says your real estate broker and/or the seller of the home you’re considering purchasing or leasing “shall not be liable for failure to disclose and shall not have a duty to disclose to any person who buys or leases a property that the property was the site of a natural death, a homicide, suicide, assault or sexual assault; that the home was occupied by a person with AIDS or who is HIV positive or that a crime punishable as a felony was committed on the premises”. Such properties are often referred to as “stigmatized”.
Federal law goes even further, making it a crime to disclose that a current or former occupant of a home, mobile home or apartment has or had AIDS or was or is HIV positive.
What about ghosts, you ask? According to a 2013 Harris Poll, 42 percent of us believe that such disembodied spirits exist. Unfortunately, we’ll probably never know if any of them inhabit a particular residence unless they themselves decide to tell us.
The State of New Mexico has additional resources that prospective homeowners and tenants can tap to evaluate a property or neighborhood. Soon-to-be occupants can check the New Mexico Sex Offender Registry athttps://sheriffalerts.com/cap_office_disclaimer.php?office=55290&fwd=aHR0cDovL2NvbW11bml0eW5vdGlmaWNhdGlvbi5jb20vY2FwX21haW4ucGhwP29mZmljZT01NTI5MA== to determine if any registered offenders live in the area.
Think a neighbor may be a felon or has been arrested in the past? Homebuyers and renters can determine if such persons live nearby by looking up names of interest on the state’s Judiciary and Court website athttps://caselookup.nmcourts.gov/caselookup/.
Another method of assessing the character of a neighborhood or street is do what the cops do on occasion – stake it out. Drive through the area or park for a while on the street where you intend to reside. Evenings and weekends provide the best opportunity to get a sense of the amount of vehicular traffic, number of toddlers, teenagers, and general personality of the area. It’s also a good idea to speak with a few of the neighbors, some of whom will undoubtedly gossip ‘til your ears begin to melt. Want to dig a bit deeper? Log into the Las Cruces Police Department’s Community Crime Map https://communitycrimemap.com/.
Real estate brokers have to be especially careful about disclosures. How would you like it if the broker you hired to sell or lease your home disclosed a fact about your property, the disclosure of which was not required by law, and the buyer or renter walked away from the transaction? Might the broker be liable for harming you financially by causing the buyer or tenant to head for the hills? According to a couple of Las Cruces area attorneys I asked, the answer is most likely yes.
Speaking of disclosures, here’s one I routinely share with my clients: Be very mindful when purchasing a two-story home… especially if it’s the kind where the agent tells you one story before you buy it and another story after you buy it.
See you at closing.
Gary Sandler is a U.S. Air Force veteran, full-time Realtor and president of Gary Sandler Inc., Realtors in Las Cruces, New Mexico. He loves to answer questions and can be reached at (575) 642-2292 or Gary@GarySandler.com.
CIBOLA COUNTY, N.M. (KRQE) – New Mexico’s caves attract hundreds of explorers each year, but those adventures can lead to dangerous situations requiring emergency rescues, and local first responders are learning how to do them. The National Cave Rescue Commission held a two-day rescue course in the Malpais National Monument this past weekend. The instructor told KRQE News 13 that participants learned how to provide first aid in one of the most difficult environments.
“Cave rescues are particularly difficult because of the limited resources available in those environments. Caves themselves are often very large underground spaces with extended travel times, so you may not be able to get resources that you request for many hours,” said Sarah Truebe, Regional Coordinator for the National Cave Rescue Commission.
Albuquerque Fire and Rescue was one of the agencies participating in the two-day weekend training, alongside other emergency responders, volunteer search and rescue personnel, and members of New Mexico’s caving community. The training included first aid, communication skills, proper transportation of injured patients, and technical rescue. Instructor Sarah Truebe says aside from first aid, participants also learn to be mindful of the environment and how fragile the ecosystem is.
“It is very easy to get really mission-focused and to just go straight to that patient and not think a lot about the environment around you, but because these resources are so fragile and rare, we really want to take care of that resources as well, while we’re doing the rescue response,” said Truebe.
In all, 14 instructors hosted a group of 31 participants. Truebe said that between Arizona and New Mexico, there are usually one to two cave rescues a year, but said that last year they conducted six rescues. Truebe said their next training course will be held in October in central New Mexico. She said the date will be posted online once that training is scheduled.
VALENCIA COUNTY, N.M. — Multiple earthquakes sent tremors through communities just south of Albuquerque, the U.S. Geological Survey reported Sunday morning.
The USGS reported a 3.9-magnitude earthquake happened at 11:41 a.m., just three minutes after a 3.7-magnitude earthquake. They were both in the Jarales and Rio Communities area.
Two other earthquakes were reported on the other side of the Rio Grande: A 3.2-magnitude earthquake Saturday at 8:30 p.m. and a 2.6-magnitude earthquake Saturday at 11:51 p.m., near Abeytas.
There have been reports of no damage or injuries, according to the Valencia County Fire Department. The Department received reports of an earthquake in the Jarales and Rio Communities area.
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