Home : Blogs : Jackie Colson-Miller,Tampa Real Estate www.RealEstateSizzle.com : The Real Estate Sizzle

Haunted Houses...What Should An Agent Disclose?

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...

Posted by Jackie Colson-Miller,Tampa Real Estate www.RealEstateSizzle.com on 07/01/2007 09:29 AM

Comments (32)

jackie colsonmiller, tampa real estate, services, project blogger, disclosure law

Post is included in group: Active Rain Newbies
Post is included in group: Realtors®
Post is included in group: ETHICS and the REALTOR
Post is included in group: The Lounge at Active Rain
Post is included in group: Project Blogger

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

JUL

2007

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!

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.

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!

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.

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

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!

Cute idea...it would make them remember you!

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....

JUL

2007

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

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)

A body dump?...that is horrible!

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.

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

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!

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.

OCT

2007

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.

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

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.

NOV

2007

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.

FEB

2008

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

MAR

2008

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

JUN

2008

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.

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.

SEP

2008

Ghosts? Haunted Houses? "I really didn't believe in them until I lived with one!" LOL! You can't be serious! Some of you kids really need to grow up.

P.S. Here's a couple more facts I'd like to tell you about that may break your hearts as well. Prepare yourselves: There is no Santa Claus. There is no Easter Bunny. And most regrettably there is no Tooth Fairy. Sorry to have to break it to you this way, but...

I have never heard of anyone getting in trouble for over disclosure

We have to disclose everything.
This, however, doesn't always affect the home in a negative way. There are lots of people out there, who find that sort of thing fascinating.
I once showed a house where the husband was believed to have murdered his wife, and the buyer didn't care one single bit. Freaked me out. But I did my job. I told him and told him again, and told him a thousand times.
I disclose everything I know. I like to sleep at night, even if there are ghosts. :)

OCT

2008

my cousin bought a house in the tampa area it was never disclosed that there was a murder suicide thereHe found out just before settlement but couldnt back out because he would have lost a substantial deposit.Havent heard of any apperitions yet

OCT

2008

What goes bump in the night does not have to be told here, that is unless its a leaky banging pipe.

MAR

Great discussion...

I have story after story about ghosts... my experiences and my client's experiences. So for me, there is no doubt.

For the doubters, I'm sorry you feel the need to attack those who have an experience you have not had. It is said that you don't know WHAT you don't know and you don't even know THAT you don't know.

One of my clients is a former banker, mechanical engineer and chief investigator for a defense contractor. He was a non-believer until his experiences provided too much evidence to ignore. Experience trumps belief every time.

In the Nyack NY court case mentioned above the judge struggled with how to confirm a presence and what could be done about it if it was found.

He went as far as making a joke about Poltergeist inspectors being a new job and said 'who you gonna call.' Still, since the four ghosts in that property were well documented and the sellers had advertised their B&B as haunted, the court agreed they should have disclosed and the contract was rescinded .

The judge was joking, but my work includes clearing ghosts from properties. Not 'ghost hunting.' Not shoo-ing them off. Helping them go home.

As for people who look for homes with ghosts, there are mental and physical health issues involved in constant contact and sometimes breif contact with ghosts. They can also affect finances and damage technology.

As house pets go, get a dog. I prefer homes with charm and character, not chaming characters.

The staunch and out spoken non-believers now have interesting opinions about me, eh? But I bet those of you who have lived in haunted houses would have been excited to get a referral to me at the time?

NOV

Hi Jackie,

Great post. In Ontario we must disclose everything. Murders, suicides and deaths are things that remain with the house forever and thus the term stigmatized property is used. Should it be required? In my opinion yes because I'm not ashamed to say it...I'm afraid of ghosts! If you gave me the choice of having to show clients a property that I had the knowledge that a murder or suicide had been committed or....I could instead fight 50 guys in parking lot in lieu of skipping the showing. I'd take my chances in the parking lot. And, I'm guessing that there are many others that feel the same way that I do but, are afraid to admit it.

NOV

Don...

Ghost are just people whose bodies have died and they have not 'gone home.' They are confused and lost and still have their personality, since they have not completed their life. So, some are bullies but some are scared and timid. It's the full gamut of human beings.

The bullies thrive on creating fear and being in control. But WE are in charge in the this dimension. <g>

If you ever have issues like this, contact me. (50 guys, eh?)

Blissings,
David

Leave a response…

Name:

Email:
(optional)

Comment:

What does the graphic say?