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4.7. SR 07-01-2019
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4.7. SR 07-01-2019
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6/28/2019 10:19:55 AM
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M.S.B.A. Real Property Form No. 22 (2005, 2017) <br />Methamphetamine Disclosure Statement PAGE 3 of 3 <br />methamphetamine production has occurred on the property, the disclosure <br />shall include a statement to the buyer or transferee informing the buyer or <br />transferee: (1) whether an order has been issued on the property as <br />described in paragraph (c); (2) whether any orders issued against the <br />property under paragraph (c) have been vacated under paragraph (i); or (3) <br />if there was no order issued against the property and the seller or transferor <br />is aware that methamphetamine production has occurred on the property, <br />the status of removal and remediation on the property. <br />(n) Unless the buyer or transferee and seller or transferor agree to the <br />contrary in writing before the closing of the sale, a seller or transferor <br />who fails to disclose, to the best of their knowledge, at the time of sale <br />any of the facts required, and who knew or had reason to know of <br />methamphetamine production on the property, is liable to the buyer or <br />transferee for [Emphasis added.]: (1) costs relating to remediation of the <br />property according to the Department of Health's clandestine drug labs <br />general cleanup guidelines and best practices; and (2) reasonable attorney <br />fees for collection of costs from the seller or transferor. An action under <br />this paragraph must be commenced within six years after the date on which <br />the buyer or transferee closed the purchase or transfer of the real property <br />where the methamphetamine production occurred. <br />(o) This section preempts all local ordinances relating to the sale or <br />transfer of real property designated as a clandestine lab site. <br />RPF22_17_032017.wpd
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