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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6726
Experience:  29 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: 2 years ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 2 years ago.
Can you tell me the State where the real property is located. Do you have a copy of the addendum?
Expert:  Attyadvisor replied 2 years ago.
For example in Colorado there are state standards and specific statutory requirements
Customer: replied 2 years ago.

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

Expert:  Attyadvisor replied 2 years ago.
Thank you, Let me check the standards required in Utah for remediation.
Expert:  Attyadvisor replied 2 years 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 2 years 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 2 years ago.
Where in Utah? The individual health departments are required to keep a list of homes where meth was detected.
Expert:  Attyadvisor replied 2 years 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 2 years 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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