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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5664
Experience:  28 years of experience in General Practice, Real Estate Law and Estate Law.
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If a seller agreed to complete "meth remediation" in an addendum,

Customer Question

If a seller agreed to complete "meth remediation" in an addendum, would that mean completely negative or just "mitigated". Unfortunately in this case, the meth was reduced, but not down to state approved levels. Wondering if this can be sued for enforcement but it hinges on the word "remediation".
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.
Can you tell me the State where the real property is located. Do you have a copy of the addendum?
Expert:  Attyadvisor replied 1 year ago.
For example in Colorado there are state standards and specific statutory requirements
Customer: replied 1 year ago.

Utah... thank you! The addendum simply states "Remediation and retest of meth to be completed."

Expert:  Attyadvisor replied 1 year ago.
Thank you, Let me check the standards required in Utah for remediation.
Expert:  Attyadvisor replied 1 year ago.
Title 19, Chapter 6, Part 9—Illegal Drug Operations Site Reporting and Decontamination Act http://www.deq.utah.gov/ProgramsServices/programs/cercla/drugcleanup/index.htm
Expert:  Attyadvisor replied 1 year ago.
I am reading that the issue Utah is having is their detection methods because the State is not handling the testing. Completing the remediation would require decontamination per State Health Code.
Expert:  Attyadvisor replied 1 year ago.
Where in Utah? The individual health departments are required to keep a list of homes where meth was detected.
Expert:  Attyadvisor replied 1 year ago.
The addendum simply states "Remediation and retest of meth to be completed." The language means that the property needs to be decontaminated and this would be proven by a certificate. For example this is the requirements for Salt lake City http://slco.org/slcohealth/envRegs/reg32chemContamProp.html
Expert:  Attyadvisor replied 1 year ago.
I wanted to follow up with you to make sure that the information I provided was helpful.

Please let me know and that you for using JA!

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