Victorian for Sale (with ghosts)

 

      The Stambovskys found a nice Victorian home  in the Village of Nyack, New York in 1991 and they made an offer.  The purchase price was $650,000. The Buyers made a down payment of $32,500.

    A couple of months after the contract was signed, Mr. Stambovsky was horrified when he learned that the home was known in the community to be HAUNTED!

      Apparently, the phantasmal reputation of the house was commonly known in the Village of Nyack. 

   Surprisingly, the Sellers had publicized the ‘hauntings" to the local media and Reader's Digest. In 1989, the house was included in a five-home walking tour of Nyack and described in a November 27th newspaper article as "a riverfront Victorian (with ghost)." The Stambovskys were not from the area and did not know about the poltergeists.   

            The Stambovskys brought a legal action and alleged that the Seller and the Seller's agent should have disclosed the presence of ghosts.   They wanted out of the contract because the presence of ghosts was not disclosed.

            The trial court said no way!  However, the case went up on Appeal and the Appellate court ruled that the Stambovskys could get out of the contract because, "As a matter of law, the House is Haunted".  

The Appellate Court stated:

            "While I agree with the Supreme Court that the real estate broker, as agent for the seller, is under no duty to disclose to a potential buyer the phantasmal reputation of the premises and that, in his pursuit of a legal remedy for fraudulent misrepresentations against the seller, plaintiff hasn't a ghost of a chance, I am nevertheless moved by the spirit of equity to allow the buyer to seek rescission of the contract of sale and recovery of his down payment."

     The court reasoned that because the Seller had promoted the hauntings to several publications, she could not now deny the existence of ghosts.  Therefore, the Appellate court ruled that under the equitable principals of the law, the Stambovskys were entitled to a refund of their down payment.

  This was the Amityville house ~  Stambovsky v. Ackley (169 A.D.2d 254, 572 N.Y.S.2d 72).  It was decided in 1991 by the New York Appellate Court.

     When I first moved to New Hampshire and began my career in real estate, I was showing an older home in Atkinson, New Hampshire.  It was a charming home --  All of a sudden, we heard a loud noise --the wind was whistling and a door slammed shut. 

  We all were trying to act like it wasn't any big deal.  Then the lights started to flicker.  I didn't know what to think - and up until that time, I hadn't thought about whether I REALLY believed in ghosts.  My clients were very nervous.

   Then to my surprise, the Real estate agent, said "Well, I guess that I should tell you that this house may have a ghost and the seller wanted me to share this with you."  He went on to explain that a young child had died from a serious illness many years before, and the child could be heard crying from time to time.  Some had speculated that the child's soul was "stuck" in the house. 

    The clients were not familiar with "haunted houses" and they decided they would buy a new contemporary instead!

   There is also a "haunted" restaurant in Nashua, New Hampshire.  The Country Tavern was built in 1741.  It is a lovely restored farmhouse and is the home of a friendly ghost known as ELIZABETH. 

   The "haunted restaurant has been featured on "Hard Copy and "unsolved mysteries".   I haven't met Elizabeth, but some staff members have met her.   They say she is very friendly and likes to play pranks on the staff!

        Here is a list of  "haunted homes" and attractions in New Hampshire!

                  A Haunting Question:     Got Ghosts?  What is the DUTY TO DISCLOSE IN YOUR STATE?

            - Does the seller's agent have a duty to disclose the phantasmal reputation of the premises?

            -  Does the seller have a duty to disclose the presence of ghosts?

            -  Does the buyer's agent have a duty to disclose the presence of ghosts?

            What is the duty to disclose stigmatized property in your state?

HAPPY HALLOWEEN

           Visit New Hampshire .... New Hampshire was chosen as the Most Livable State in America! and the Third Healthiest State in America! Whether you are relocating to New Hampshire or already live in New Hampshire and you seek buyer focused representation, contact me, I would love to show you the New Hampshire Advantage!

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Disclaimer: Information herein may come from various sources, some of which may not be reliable and may change without any notice. Joan Whitebook does not guarantee or is any way responsible for the accuracy of the information in this blog and information provided is without warranties of any kind, either express or implied. Information on this blog represents the opinions and ideas of the author; comments by others may not express the views of the author. Buyer's Option Realty, Janet White, owner/broker. Copyright © 2009 By Joan Whitebook, A Haunting Question - Got Ghosts? " ~ all rights reserved.*