Posted: Oct 28, 2010 10:17 PM by Zach Thaxton
A Colorado Springs couple is suing the man they bought their $1 million home from after discovering the house had a meth lab in it. The home in the prestigious Peregrine-Tuscany Heights neighborhood was featured in the 2007 Parade of Homes.
According to a civil lawsuit filed in September in El Paso County District Court, the couple -- a podiatrist and his wife, an attorney -- bought the home in July for $1,050,000 from Brian Marshall. The lawsuit states that in the days after the closing, Marshall's ex-wife contacted both the realtor and the home's new owners to notify them that her then-teenage son had cooked and used meth inside the house and had been arrested numerous times on drug-related charges. The new owners hired an industrial hygienist, according to the lawsuit, who confirmed unsafe and dangerous levels of methamphetamine inside the home. State law mandates that the property owners must clean and fix the property and clean or replace furniture and belongings they had moved into the home. The couple estimates the cost of clean-up will exceed $125,000. The couple cannot live in the home during the cleaning and repairs.
The couple is suing Marshall for breach of contract, alleging he failed to disclose to the realtor that meth had been manufactured in the home. State law and the contract to buy and sell real estate both state that a seller must disclose knowledge of meth use or manufacturing in a home. They're also suing for fraud, alleging Marshall knew that his teenage son was cooking and using meth in the home and didn't disclose that knowledge in order to create the impression that the home was clean, safe, and inhabitable.
The home was listed for $1.5 million during the 2007 Parade of Homes, during which it was awarded "Best Landscaping."