Jayson Brudvick saw the article published in the Longview Daily News on
Sunday, February 1, 2004, and contacted the Fritzes by telephone to notify them
and to get instructions on how to proceed with respect to evicting the tenants.
. . . .
During the first few days of February 2004, Lance Miller contacted law
enforcement regarding the status of the Property and the arrests that were made at
the Property. During his contact, Lance Miller was informed of the marijuana
grow operation and the discovery of the meth lab. The denial by Lance Miller that
he was informed of the discovery of the implements used in meth manufacturing on
the Property is not credible.
. . . .
Lance Miller listed the Property and entered it on the multiple listing
service. He also showed the Property to another prospective buyer, all without
revealing the history of illegal drug manufacturing at the Property. Miller knew of
the history of illegal drug manufacturing at the Property from one or all three of his
contacts with Jayson Brudvik from his report of the article in the newspaper, from
Charmaine Fritz relative to her contacts with the Task Force, and from his personal
contact with law enforcement. Miller also knew from his prior involvement with
property that had been contaminated by meth manufacture of the danger of
contamination with toxic chemicals from such operations. The denial by Miller of
his knowledge of the history of illegal drug manufacturing at the Property is not
. . . .
Miller concealed his knowledge that the Property had been used for illegal
drug manufacturing when he announced his listing of the Property, and during his
marketing of the Property for the Fritzes. Miller knew of the history of illegal drug
manufacturing and of the potential contamination, knew that the Fritzes had not
disclosed it on their Disclosure Statement, and failed to disclose his personal
knowledge of the history of use of the Property for illegal drug manufacturing, or
of the potential contamination of the Property to the public, to a prospective buyer
of the Property that was interested in the Property at the same time as the Bloors,
or to the Bloors.
The Bloors were damaged by Miller’s failure to disclose the history of drug
manufacturing at the Property. As shown by the investigation made by Eva Bloor
upon receiving information that drug activity had occurred at the Property,
Miller’s failure to disclose his knowledge of the drug activity on the Property to
the Bloors misled the Bloors and deprived them of essential information needed by
them to learn of the true condition of the Property. Had Miller revealed his
knowledge of the drug activity on the Property, the Bloors would have probably