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Buyer Stunned by Non-Disclosure!

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Real Estate Agent with Coldwell Banker Select

Well, we saw this article and we thought it was an amazing example of how things are handled differently in different states.

http://www.tulsaworld.com/news/article.aspx?subjectid=11&articleid=20090412_12_A1_Valind871368

Well, for the cliffnote version of what happened, a woman in Owasso, OK bought a house.  She was overjoyed that she got a great deal, the house had a large yard etc., etc.

Everything is peachy until one day the cable guy walks in and says, (paraphrasing)"Not to freak you out but did you know that there was a triple murder in this house?"

In Oklahoma's Residential Property Disclosure Act, murders and ghosts fall under "psychologically impacted property", which in Oklahoma is not considered a material fact.

In fact, in Oklahoma, a realtor is not allowed to disclose a murder without the express permission of the seller! 

Now in California, where I was a realtor for four years, a person dying in the home has to be disclosed for three years and if a buyer asks the question specifically, you have to disclose beyond that if you are aware of it.  Needless to say, despite being a CA realtor for four years, I have quit assuming that I know how things are done in Oklahoma because in many cases, it is done completely differently.

 

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Comments(2)

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Jim Crawford
Long & Foster - Fredericksburg, VA
Jim Crawford Broker Associate Fredericksburg VA

Each state is different with stigmatized property.  As a buyer, I may want to know something like that.

Apr 13, 2009 03:05 PM
Peter Tamura
Coldwell Banker Select - Tulsa, OK
BANNOCHIE TEAM

Yes, Jim I just assumed you would automatically disclose something like this based on the rules I was familiar with.

Just like the Zen Master Nan-in says, "Like this cup, your mind is full of preconceptions and notions of what zen is.  How can I presume to teach you zen until you first empty your cup."

Apr 14, 2009 02:12 AM