Generally speaking, I'm not a big fan of Halloween. I'm not sure why.

As far as I know, I never experienced any deep-seated trauma surrounding the event.

Certainly I can understand its historical context. But the ideal of “dressing up” in a costume has never appealed to me.

Normally I don't welcome visitors at my front door who want something from me.

However on Saturday evening, we will be expected to had out treats to complete strangers, just because they are wearing a costume of sorts and shout trick or treat, before racing away for more treats.

Oh well...it's only one night...and besides, my personal treat of choice will likely be some rich red wine.

Wilhemina Bilger, Ghost

One growing Halloween tradition that I do enjoy is the growing trend for families to decorate their homes with 'very scarey' displays featuring cemataries, coffins, ghosts and so forth.

Despite not really liking Halloween, I must admit that I am intrigued by the concept of haunted houses.

When we purchased our first family home, the title search revealed that the interest of the wife of the original owner had never been released, so we jokingly adpoted her as our own ghost.

And with a name like Wilhemina Bilger she was our resident ghost, which I guess kind of made our house 'haunted'.

Our children began to love Wilhemina...maybe because she always remembered to give them Christmas presents. She must have been in cahoots with Santa Claus.

"Haunted Houses" & Real Estate Sales

But what about "Haunted Houses" and real estate sales?

My understanding is that the term "Haunted House” does not just refer to the presence of imaginary residents such as our Wilhemina...whether real or imagined.

The term refers to anything that happened or was perceived to happen in a home which is not related to the physcial structure of the actual house.

In addition to ghosts, these happenings could include events like murders and suicides.

The raises the question: what must agents disclose when representing the seller of property thought to be haunted?

Prudence dictates that when dealing with a property thought to be haunted, it is best to disclose.

Would you want to know if you were buying the property?

Would you want one of your family members to know of any stigma prior to putting in an offer on a "Haunted House"?

I would.

3 Questions

In many jurisdictions, there is no obligation on the seller to inform any buyer of "Haunted House" like situations.

Usually, unless specifically asked, the sellers are not required to disclose spooky concerns.

On the other hand, agents are required to inform their clients of all information which is relevant to the sale of a home. Not asking questions the right questions is not a defense.

Accordingly, I suggest that the buyer’s agent must ask for full disclosure from any seller or seller's agent. If he or she doesn't, there is nothing legally compelling the seller to disclose.

Once the buyer’s agent is aware of relevant information he or she must inform his buyers, who will decide on the importance of it.

Here are 3 questions that might help uncover "Haunted House" type issues.

Ideally the buyer's agent should ask the seller or seller's agent. It's also a good idea to do this in writing so there is a paper trail to record asking the questions and the disclosures received.

1. Is there anything inside your house that could negatively impact on a buyer's decision?
2. Is there anything within or near to your boundary lines of your site that could negatively impact on a buyer's decision?
3. Is there anything within your immediate neighborhood, either existing or pending that could negatively impact on a buyer's decision?

There is one other thing to consider. It's probably a good idea to not ask these questions until the beginning of next week.

Happy Halloween!!