For all the apprentices in Project Blogger...I couldn't resist my own ghost story... 

In Florida, Realtors are required to disclose anything that "materially affects the property".  We ask  Sellers  to complete, and sign, a very thorough questionnaire about everything from survey and drainage issues, plumbing, electrical, roof, zoning...everything "material" to the property.  Realtors are not required to ask about things like burglaries, crime in the neighborhood, or sexual predators in the neighborhood.  That information is available through various websites and local law enforcement agencies. 

What about disclosing a death on the property? A Murder? A Suicide? Or, a lingering spirit? Does it make a difference if it is an evil spirit, or a friendly ghost?  How many people would knowingly buy, or rent, a haunted house? 

Read the rest of the article on the Real Estate Sizzle...

 
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24 Comments on Haunted Houses...What Should An Agent Disclose?

Jackie, I was told in a recent GRI class I took to disclose a haunted house. The instructor said that it could possible cause the house value to increase if someone was looking for such a house!

07/01/2007 09:42 AM by Linda Scanlan (A Fan of AR)


Here in Oklahoma, we are not required to disclose information relating to what are termed "psychologically impacted" properties unless the potential buyer specifically inquires about it.

07/01/2007 09:45 AM by Ruth Ann and Henry Mertens-Oklahoma City Real Estate (The Mertens Group-Paradigm Realty)


I think it should be disclosed, but I don't think it would increase it's value for MOST buyers...I often wonder if the ghost is still in that house in Providence, RI!

07/01/2007 09:45 AM by Jackie Colson-Miller,Tampa Real Estate www.RealEstateSizzle.com (The Toni Everett Company)


I know most states wouldn't require it...I'd like to know how many agents would disclose it, even though it's not REQUIRED? Especially, if you are the 'buyers" agent.

07/01/2007 09:47 AM by Jackie Colson-Miller,Tampa Real Estate www.RealEstateSizzle.com (The Toni Everett Company)


we would be required here in NJ to disclose all of the above.   Now how it affects the property is up to the buyer ... but ghost and goblins alike need to be documented

07/01/2007 09:55 AM by Desiree Daniels New Jersey Real Estate (609) 448-2222 (RE/MAX Tri County)


maybe we can add that field to the MLS? I would like to add a small ghost icon to the property search on my website (joke). Who knows? it could be a selling point!

 

07/01/2007 10:19 AM by Regator.com


It really is true that a ghost could increase the value of the property for some people. The majority would probably keep looking, but you never know. We have the same rule here in New Mexico about "psychologically Impacted" or stigmatized property.

There are some things that you must disclose and some that you can not. It is always the gray areas like this that are problematic.Not many people are going to ask, specifically, if a property is haunted.... 

07/01/2007 11:21 PM by Deb Hurt, ABR, e-Pro, EcoBroker, TRC (Exit Realty of Albuquerque)


Hi Jackie,

I enjoyed your post!

In most states, having a haunting will not increase the value of a residential property, but it will normally positively impact the value of a commercial one (restaurant or store, not office space).  That said, I have a site, HauntedRealEstate.com and I get emails every month from folks wanting to sell OR buy a haunted place. Who'd have thought?

As for disclosure, in many states it's still Caveat Emptor. In CA and Hawaii, though, the sellers have to volunteer if a place is haunted. In other states, not so. I think that's the most fascinating part of the whole thing - how much it varies from state to state.

Warm regards,
Mary

07/02/2007 01:28 AM by Mary Pope-Handy, ABR, CRS, ePRO, SRES (Keller Williams Realty)


In California you have to report murders, suicides and hauntings.  I had a client that wouldn't buy a piece of land because it had been used as a body dump.  He said his mother who lived with him would never sleep at night knowing that.  "The ghost of the person might molest her!" (His words)

07/02/2007 11:49 AM by Roberta Lee-Norco Corona Riversid Homes For Sale (Century 21 Olde Tyme)


A body dump?...that is horrible!

07/02/2007 11:51 AM by Jackie Colson-Miller


I had a situation like that in NC.  We call those stigmatized properties in NC.  We only have to disclose that info is asked and we know the answer.  I had a situation where I was showing a property that the owner had hung himself in the master bedroom.  My clients did not buy the home just so you know.

07/02/2007 04:55 PM by Bradley Cohen ABR,GRI (RE/MAX GOLD)


A ghost is not really material, is it? (Read with sarcasm)

07/02/2007 04:59 PM by Joshua Espiritu (City Center)


Funny Joshua...let me introduce you to Mrs. Walsh...Just curious about how many people have ever encountered a ghost.  I really didn't believe in them until I lived with one!

07/02/2007 07:41 PM by Jackie Colson-Miller


A material fact is interpreted differently from one state to the next. In Oregon it relates to the physical realm. In California, it relates to anything that might impact a buyer's decision to buy (or how much to pay).

But a body dump - yeesh! That's the worst I've ever heard.

07/02/2007 11:48 PM by Mary Pope-Handy, ABR, CRS, ePRO, SRES (Keller Williams Realty)


After having lived in a haunted place, then having moved, and being ghost free and relieved now for ten years, I will now make it a point to get something in writing from seller and the agent on any potential home I intend to purchase in the future.  I do not intend on repeating the horrid living conditions I endured.  That is what brought me to investigate laws, here and in other states, and it seems to me that the general consenses is, don't ask, don't tell!  It is disturbing to me that some think less for the new homeowner than for the all mighty dollar.

10/21/2007 06:43 PM by Frances


I think disclosure should be mandatory about ghosts, murders, drug dealings, etc. 

10/21/2007 06:51 PM by Jackie Colson-Miller


I don't think that we would be required to disclose ghosts, only items that would materially affect the value of the property and is not readily observable to the buyer and by readily observable, it does not mean ghosts.  Not everyone believes in ghosts and if an agent did not believe in this, how could they disclose it.

I have never seen anything on a sellers disclosure about ghosts.

10/21/2007 08:22 PM by Jeff Payne, Real Estate in Panama City, FL (The Payne Group at Keller Williams Success Realty)


I have a question for any realtor that can offer a good answer about Oklahoma real estate laws pertaining to a "Stigmatized Property".  I am renting (not owning) a home that 4 years ago had a murder in it.  The woman was set on fire in the living room.  I've only been leasing the home for 2 months.  I just found out about its gruesome past because of the investigation being reopened.  Apparently, my current next door neighbors are the prime suspects and the police just served a search warrant to them two weeks ago and took their DNA.  Was my landlord suspose to disclose this to me?  Not only was the property burned and has been redone, but there was a murder with the prime suspects living next door.  I'm a single college student living alone.  I just wonder if I have anyway of getting out of my lease.  Any help would be great.

11/11/2007 11:55 AM by Leigh from Oklahoma


Wanting to buy a haunted house in Southern Illinois.  Please con tack me.  Thank you, Cathy

02/22/2008 12:14 AM by Cathy


Wanting to buy a haunted house in Lincoln County, Oklahoma Please let me know if you find anything. Thank-You Maria

03/05/2008 12:25 PM by Maria


If you represent the Buyer, what could it hurt if you disclose it?  Whether or not it is required to disclose.  No one wants to lose a sale, butthe buyer might apprecaite your honesty and realize that you are looking out for their best interests.  What would they think of you if you didn't tell them and then they bought the house and later found out you knew?  I think that would be the last house you sell them!

03/05/2008 12:33 PM by Joe Pistone (Quality One Real Estate)


There is no need to tell anyone whether there is a ghost in a house because under no circumstances would there be a ghost in a house as they don't exist. Children.

06/10/2008 02:08 AM by Chris


INTERESTING.

There was a situation in NY where the former owners had published a book about a haunted house.

The owners didn't disclose and the sale was RESCINDED.  Unusual.

A lot of situations that don't have to be disclosed, should be.  I get permission from the seller.

06/10/2008 03:27 AM by Kevin O'Shea, White Plains, NY Real Estate (Homes of Westchester, Inc.)


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Real Estate Agent: Jackie Colson-Miller,Tampa Real Estate www.RealEstateSizzle.com (The Toni Everett Company)
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