(1)A buyer of
residential real property has the right to test the property for the purpose of
determining whether the property has ever been used as a methamphetamine
laboratory.
(2)(a) Tests conducted pursuant to this section shall be performed by a
certified industrial hygienist or industrial hygienist, as those terms are defined in
section 24-30-1402, C.R.S., and in accordance with the procedures and standards
established by rules of the state board of health promulgated pursuant to section
25-18.5-102, C.R.S. If the buyer's test results indicate that the property has been
contaminated with methamphetamine or other contaminants for which standards
have been established pursuant to section 25-18.5-102, C.R.S., and has not been
remediated to meet the standards established by
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(1) A buyer of
residential real property has the right to test the property for the purpose of
determining whether the property has ever been used as a methamphetamine
laboratory.
(2) (a) Tests conducted pursuant to this section shall be performed by a
certified industrial hygienist or industrial hygienist, as those terms are defined in
section 24-30-1402, C.R.S., and in accordance with the procedures and standards
established by rules of the state board of health promulgated pursuant to section
25-18.5-102, C.R.S. If the buyer's test results indicate that the property has been
contaminated with methamphetamine or other contaminants for which standards
have been established pursuant to section 25-18.5-102, C.R.S., and has not been
remediated to meet the standards established by rules of the state board of health
promulgated pursuant to section 25-18.5-102, C.R.S., the buyer shall promptly give
written notice to the seller of the results of the test, and the buyer may terminate
the contract. The contract shall not limit the rights to test the property or to cancel
the contract based upon the result of the tests.
(b) The seller shall have thirty days after receipt of the notice to conduct a
second independent test. If the seller's test results indicate that the property has
been used as a methamphetamine laboratory but has not been remediated to meet
the standards established by rules of the state board of health promulgated
pursuant to section 25-18.5-102, C.R.S., then the second independent hygienist
shall so notify the seller.
(c) If the seller receives a notice under this subsection (2) and does not elect
to have the property retested under this subsection (2), then an illegal drug
laboratory used to manufacture methamphetamine has been discovered. Nothing in
this section prohibits a buyer from purchasing the property and assuming liability
under section 25-18.5-103, C.R.S., if, on the date of closing, the buyer provides
notice to the department of public health and environment and governing body of
the purchase and assumption of liability and if the remediation required by section
25-18.5-103, C.R.S., is completed within ninety days after the date of closing.
(3) (a) Except as specified in subsection (4) of this section, the seller shall
disclose in writing to the buyer whether the seller knows that the property was
previously used as a methamphetamine laboratory.
(b) A seller who fails to make a disclosure required by this section at or
before the time of sale and who knew of methamphetamine production on the
property is liable to the buyer for:
(I) Costs relating to remediation of the property according to the standards
established by rules of the state board of health promulgated pursuant to section
25-18.5-102, C.R.S.;
(II) Costs relating to health-related injuries occurring after the sale to
residents of the property caused by methamphetamine production on the property;
and
(III) Reasonable attorney fees for collection of costs from the seller.
(c) A buyer shall commence an action under this subsection (3) within three
years after the date on which the buyer closed the purchase of the property where
the methamphetamine production occurred.
(4) If the seller becomes aware that the property was an illegal
methamphetamine drug laboratory, remediates the property in accordance with the
standards established pursuant to section 25-18.5-102, and receives certificates of
compliance under section 25-18.5-102 (1)(e), then:
(a) The seller is not required to disclose that the property was used as an
illegal methamphetamine drug laboratory to a buyer; and
(b) Five years after the later date on the certificates of compliance issued
pursuant to section 25-18.5-102 (1)(e), the property is no longer included in the
database listing properties that have been used as an illegal methamphetamine
drug laboratory in accordance with section 25-18.5-106 (2).
(5) For purposes of this section, residential real property or property
includes a manufactured home; mobile home; condominium; townhome; home sold
by the owner, a financial institution, or the federal department of housing and urban
development; rental property, including an apartment; and short-term residence
such as a motel or hotel.