David Saks: Meth Labs, Drugs, Guns and Adverse Facts

David Saks - Real Estate Broker - The Real Estate Mart of Tennessee, Inc. - 4040 North Watkins-Suite #4 - Memphis, Tennessee 38127 - Phone (901) 357-4663

Meth Labs, Drugs, Guns and Adverse Facts

                                                       adverse facts

What kind of people are circulating about the throngs of civilized Americans daily ?

Criminals that decent, law abiding citizens encounter every day of their lives ?

Here's a story about one.

I came across a particularly interesting court case about an individual by the name of Michael Creel, in Oklahoma, who pled guilty to being a felon in possession of a firearm. Creel was sent to the slammer for his infraction. He was sentenced to a hefty 97 months in the clink. 

This guy was not only indicted on two firearm-related charges, but he was convicted on drug charges as well. Creel ended up pleading guilty to being a felon in possession of a firearm. Creel had used and possessed firearms in connection with another felony offense.

What was this guy doing you may ask ?

None other than manufacturing amphetamines.bad guy arrested

A search warrant was executed and served and when the law arrived at the meth lab Creel was observed pulling not one, but two guns out of his pocket by the arresting officers who approached him !

On top of that, the officers found two more guns in the cab of Creel's car.

Creel tried to appeal the decision of the court but the court rejected it and threw the book at him.

Click Here

The Supreme Court, however, found that some sentencing guidelines were not applied properly for Creel and remanded the case for re-sentencing.

Would your seller have to disclose any of these facts under the laws of your real estate commission governing the disclosure of adverse facts if a listed home had been the subject property of this offense ?

How would you handle it ?




David Saks



Time&Temp Memphis

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Comment balloon 10 commentsDavid Saks • June 14 2010 01:01PM

Comments

Intersteing question. We have some really goofy lawas ion our country and I wonder sometimes who are actaully protecting?

Thanks David

Bo

Posted by Bo Hussung (Bell Title /Triserv LLC) about 12 years ago

Great to hear from you, Bo. Disclosure issues really come into play here. Hope your having a fine day.

Posted by David Saks ((retired)) about 12 years ago

hehe ,that happens all over the world today ;)  great blog !

Posted by j r about 12 years ago

Nice to hear from you, Jean-Marie. and many thanks for taking a moment to review my thoughts. Have a beautiful day, and I hope to hear from you again in the days to come.

Posted by David Saks ((retired)) about 12 years ago

The seller who in some cases may be a landlord should have to disclose if a property or residence was used for the staging and manufacturing of meth. Simply because of the toxicity involved with the production of the illicit product. We have to disclose about lead. That is probably not a great example since every building constructed hasn't housed a meth lab prior to 1978. But it comes down to a public health issue (like black mold) just the same.

Posted by Rob & Jeannie Steward - Realtors®, We Work TWICE As Hard For You! - Ashton Group (RE/MAX Advantage) about 12 years ago

Folks -

In IL, by law, only MATERIAL FACTS AFFECTING HABITABILITY OF THE HOME need be disclosed.

But if you have a buyer, and this guy lives next door, and you know it - you might want to mention that fact for your buyers to consider.

DEAN & DEAN'S TEAM CHICAGO

Posted by Dean Moss, Dean's Team Chicago IL Real Estate Team (Dean's Team - Keller Williams Realty Partners Chicago IL) about 12 years ago

Very fine comment, Rob, Jeannie. Health issues are paramount under the laws of disclosure and I'm grateful that you brought this up. Hope your having a fine day. It's always nice to hear from you.

Posted by David Saks ((retired)) about 12 years ago

Great thoughts, Dean, and I agree with you. Very nice to hear from you, and wishes for a great day ahead for your brokerage.

Posted by David Saks ((retired)) about 12 years ago

The Texas sellers disclosure now requires if a meth lab is or has ever been in a home.

Posted by Richard Weeks, REALTOR®, Broker over 10 years ago

That kind of disclosure should be compulsory, Richard.

Posted by David Saks ((retired)) over 10 years ago

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