Kamloops realtor sued for allegedly failing to disclose home used to be grow-op
A Kamloops realtor and former owners of a Heffley Creek property are being sued for allegedly failing to disclose a house was formerly a cannabis grow op.
Todd and Robyn Oishi moved into their new home on River Heights Drive on May 15, 2020 and had to spend two weeks quarantined inside because of COVID-19 restrictions, according to a notice of claim they filed with the small claims court in Kamloops, Feb. 22.
When they were able to get out and meet their neighbours, they were informed “by everyone that they met” that their home was raided by the RCMP in March 2010 because a previous owner was growing weed inside. It was one of three houses involved in the raid and had over 260 pot plants removed as well as production equipment, according to the lawsuit.
That information was not disclosed with the Oishis before they bought the house, they claim.
The Oishis purchased the property in March 2020 off of Scott Andrushak of River City Realty – the same realtor who sold the property in 2016 to the previous owners, Michael and Angeline Gagnon.
The Oishis obtained a copy of the 2016 property disclosure statement between the Gagnons and the owner before them who was responsible for the grow op, according to the lawsuit. That disclosure “established the fact” that the owner before the Gagnons “had indeed disclosed the marijuana grow operation to the Gagnons and Scott Andrushak” in 2016.
“The Gagnons and their realtor Scott Andrushak were made aware of the fact that there had been an illegal marijuana grow operation on the premises (in 2016),” the claim alleged.
A box on the property disclosure had been initialed by the Gagnons to indicate they were unaware of any previous grow op, according to the lawsuit.
“…in 2020, the Gagnons and Scott Andrushak chose to withhold the information about the grow operation and misrepresented the facts when they falsely stated that the house had never been used to grow marijuana or manufacture illegal substances.”
READ MORE: First medical marijuana grow op application in Kamloops heads to public hearing
The Oishis paid $725,000 for the home in March 2020. In light of the new info that it had been used as a grow op, they had it reevaluated and hired a company for $630 that specializes in appraisals involving grow ops. In the new appraisal, they were told their home was actually worth $670,000 when they purchased it – a difference in value of $55,000.
They are asking for $35,000 in compensation.
The defendants have not yet filed a response.
None of the allegations have been proven in court.
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