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Haunted Houses...What Should An Agent Disclose?

By Jackie Colson

Real Estate Agent with Homeward Real Estate

July 01, 2007 02:29 AM

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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Jackie Colson

Homeward Real Estate - Tampa, FL

Miller,Tampa Real Estate - www.RealEstateSizzle.com

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!

Jul 01, 2007 02:45 AM

Jackie Colson

Homeward Real Estate - Tampa, FL

Miller,Tampa Real Estate - www.RealEstateSizzle.com

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.

Jul 01, 2007 02:47 AM

Desiree Daniels

RE/MAX Tri County - Robbinsville, NJ

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

Jul 01, 2007 02:55 AM

Scott Lockhart

Showcase IDX - Atlanta, GA

CEO, Showcase IDX

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!

Jul 01, 2007 03:19 AM

Jackie Colson

Homeward Real Estate - Tampa, FL

Miller,Tampa Real Estate - www.RealEstateSizzle.com

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

Jul 01, 2007 03:50 AM

Deb Hurt

Realty Pro Albuquerque - Albuquerque, NM

ABR, e-Pro,Green, TRC

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 01, 2007 04:21 PM

Mary Pope-Handy

Christie's International Real Estate Sereno - Los Gatos, CA

CRS, CIPS, ABR, SRES, Silicon Valley

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

Jul 01, 2007 06:28 PM

Roberta Lee

Century 21 Olde Tyme - Norco, CA

Norco Corona Riversid Homes For Sale

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)

Jul 02, 2007 04:49 AM

Bradley Cohen

Keller Williams Concord/Kannapolis Market Center - Concord, NC

ABR,GRI

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.

Jul 02, 2007 09:55 AM

Joshua Espiritu

Real Estate America - Elk Grove, CA

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

Jul 02, 2007 09:59 AM

Mary Pope-Handy

Christie's International Real Estate Sereno - Los Gatos, CA

CRS, CIPS, ABR, SRES, Silicon Valley

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.

Jul 02, 2007 04:48 PM

Jeff Payne

The Payne Group at Keller Williams Success Realty - Panama City, FL

Panama City Real Estate

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.

Oct 21, 2007 01:22 PM

Giuseppe "Joe" Pistone

JWC Florida Realty - Pembroke Pines, FL

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!

Mar 05, 2008 04:33 AM

Kevin O'Shea

Berkshire Hathaway HomeServices New York Properties - White Plains, NY

White Plains, NY Real Estate

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.

Jun 09, 2008 08:27 PM

Richard Weeks

Dallas, TX

REALTOR®, Broker

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

Sep 29, 2008 09:39 PM

Sylvie Conde

Sutton Group-Associates Realty Inc., Brokerage - Toronto, ON

Broker, Toronto Real Estate

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. :)

Sep 30, 2008 03:29 PM

Mary Strang

Viroqua, WI

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

Oct 19, 2008 01:40 AM

David Franklin Farkas

HouseHealing.com - Amherst, MA

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?

Mar 27, 2009 02:29 PM

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