SEATTLE, Oct. 29, 2019 /PRNewswire/ -- Your dream
home may be haunted, and in most states, sellers don't have to say
boo about it.
Ahead of Halloween, Zillow scared up a state-by-state analysis
and found only four deal with paranormal activity in their real
estate disclosure laws: New York,
New Jersey, Massachusetts and Minnesota.
In New York state, courts will
rescind a home sale if the seller creates and perpetuates a
reputation that the house is haunted and then takes unfair
advantage of a buyer's ignorance of the home's ghostly
reputation. For example, if you invite reality television
ghost hunters to your home, then later sell your poltergeist palace
to an unwitting buyer who prefers sitcoms, a court could make that
sale vanish.
In New Jersey, a seller must
truthfully tell a buyer if their property comes with phantom
roommates – only if asked.
Many states have statutes that say property facts that could
cause "stigma" or "psychological impact" need not be disclosed.
Massachusetts and Minnesota deliberately mention paranormal or
supernatural activity as a "psychologically affected" attribute
that does not need to be disclosed.
Some real estate agents say haunted properties present other
challenges that can scare off buyers.
"I worked with a seller who claimed their house was haunted by a
ghost who lived in the basement," says Jennifer Stauter Kornstedt, a Zillow Premier
Agent in Wisconsin. "When I arrived for the open house, I
heard banging noises coming from the basement. I went to
investigate but could not find the source of the noise. Then the
phone rang three times with only static on the other end."
Stauter Kornstedt says she and the seller agreed to disclose the
creepy companion to any potential buyer even though they didn't
have to under to Wisconsin
law. Ultimately, the homeowners decided to stay in their
house, but Stauter Kornstedt says she's been spooked ever
since.
Nine states have laws around the disclosure of a death on the
property. In California, sellers must disclose a death on the
property within 3 years. In Alaska, a death within one year
must be disclosed. In South
Dakota, sellers must disclose a homicide on the property.
In Connecticut, Delaware, Georgia, New
Hampshire, New Jersey and
South Carolina, sellers must
disclose a death on the property only if asked.
So, if you own a home in Texas
that was the scene of a chainsaw massacre in 1974, you can keep
that your own little secret.
State
|
Direct Mention
to Paranormal
Activity in State
Law?
|
Court
Decisions
related to
Paranormal Activity
|
Statutory
Language
|
Alabama
|
No
|
A court ruled that a
seller must disclose any material (important) defect or
condition that (1) affects health or safety and (2) is unknown to
the buyer
|
N/A
|
Alaska
|
No
|
N/A
|
Seller must disclose,
if knows, murder or suicide on property w/in last year. Paranormal
activity NOT mentioned
|
Arizona
|
No
|
A court ruled that a
seller must disclose important facts that might negatively
affect the value of the property.
|
N/A
|
Arkansas
|
No
|
N/A
|
Seller doesn't need
to disclose psychologically affected property (Homicide/suicide).
Paranormal activity NOT mentioned.
|
California
|
No
|
A court ruled that a
death on property may be material if the death has a major effect
on the value of the property
|
Seller must disclose
death on property w/in last 3 years
|
Colorado
|
No
|
N/A
|
Facts that could
cause psychological impact or stigma, such as death, are NOT
required to be disclosed. Paranormal activity likely not required
to be disclosed
|
Connecticut
|
No
|
N/A
|
Unimportant facts,
such as death (and although no caselaw, likely paranormal activity)
don't need to be disclosed. Seller must tell buyer about murder or
suicide if buyer asks.
|
Delaware
|
No
|
N/A
|
Seller doesn't need
to disclose psychologically affected property. Seller must answer
truthfully if buyer asks about psychological impacts. Paranormal
activity NOT mentioned.
|
District of
Columbia
|
No
|
N/A
|
N/A
|
Florida
|
No
|
N/A
|
Unimportant facts,
such as deaths, don't need to be disclosed
|
Georgia
|
No
|
N/A
|
Seller not required
to disclose deaths but should respond truthfully if
asked
|
Hawaii
|
No
|
N/A
|
Seller doesn't need
to disclose any occurrence that had no effect on the physical
structure or the physical environment of the property. Paranormal
activity NOT mentioned
|
Idaho
|
No
|
N/A
|
Seller doesn't need
to disclose psychologically affected property. Paranormal activity
NOT mentioned.
|
Illinois
|
No
|
N/A
|
N/A
|
Indiana
|
No
|
N/A
|
Seller doesn't need
to disclose psychologically affected property. Paranormal activity
NOT mentioned.
|
Iowa
|
No
|
N/A
|
N/A
|
Kansas
|
No
|
N/A
|
Seller only needs to
disclose important physical facts about property. Paranormal,
Stigma, or psychologic impacts NOT mentioned
|
Kentucky
|
No
|
N/A
|
N/A
|
Louisiana
|
No
|
N/A
|
Seller doesn't need
to disclose psychologically affected property. Paranormal activity
NOT mentioned.
|
Maine
|
No
|
N/A
|
N/A
|
Maryland
|
No
|
N/A
|
N/A
|
Massachusetts
|
Yes
|
N/A
|
Seller doesn't need
to disclose psychologically affected property, including an alleged
parapsychological or supernatural phenomenon.
|
Michigan
|
No
|
N/A
|
Seller doesn't need
to disclose any fact that had no important effect on condition of
property.
|
Minnesota
|
Yes
|
N/A
|
Seller doesn't need
to disclose any fact that doesn't affect buyer's use or enjoyment
of the property, including "perceived paranormal activity
..."
|
Mississippi
|
No
|
N/A
|
Seller doesn't need
to disclose fact that a death occurred on property. Paranormal
activity NOT mentioned
|
Missouri
|
No
|
N/A
|
Seller doesn't need
to disclose psychologically affected property. Paranormal activity
NOT mentioned.
|
Montana
|
No
|
N/A
|
Seller doesn't need
to disclose any fact that had no important effect on condition of
property.
|
Nebraska
|
No
|
N/A
|
N/A
|
Nevada
|
No
|
N/A
|
Seller doesn't need
to disclose fact that a death occurred on property. Paranormal
activity NOT mentioned
|
New
Hampshire
|
No
|
N/A
|
Seller doesn't need
to disclose fact that a homicide or suicide occurred on property.
Seller must disclose if buyer asks. Paranormal activity NOT
mentioned
|
New Jersey
|
Yes
|
N/A
|
Seller doesn't need
to disclose "psychological impairments" (murder, suicide, or "a
property purportedly being haunted"). Seller should disclose known
info if buyer asks
|
New Mexico
|
No
|
N/A
|
Seller doesn't need
to disclose fact that a homicide or suicide occurred on property.
Paranormal activity NOT mentioned
|
New York
|
Yes
|
Referring to
paranormal activity at a home, courts will rescind the sale if the
seller (1) takes unfair advantage of buyer's ignorance as to the
house's reputation [of paranormal activity] and (2) the seller
herself creates and perpetuates that reputation.
|
Excluding case law, a
seller doesn't need to disclose that the house was site of
homicide, suicide, or accident.
|
North
Carolina
|
No
|
N/A
|
Seller doesn't need
to disclose fact that a death occurred on property. Paranormal
activity NOT mentioned
|
North
Dakota
|
No
|
N/A
|
N/A
|
Ohio
|
No
|
N/A
|
N/A
|
Oklahoma
|
No
|
N/A
|
Seller doesn't need
to disclose psychologically affected property. Seller must disclose
if buyer asks and a suicide or homicide on property is important to
decision. Paranormal activity NOT mentioned.
|
Oregon
|
No
|
N/A
|
Seller doesn't need
to disclose any fact that had no important effect on condition of
property. Paranormal activity NOT mentioned.
|
Pennsylvania
|
No
|
A court ruled
that purely psychological stigmas are not important defects of
property that sellers must disclose to buyers.
|
N/A
|
Rhode
Island
|
No
|
N/A
|
Seller doesn't need
to disclose psychologically affected property. Paranormal activity
NOT mentioned.
|
South
Carolina
|
No
|
N/A
|
Seller doesn't need
to disclose psychologically affected property (death or manner of
death). Seller must disclose if buyer asks about psychological
impacts. Paranormal activity NOT mentioned.
|
South
Dakota
|
No
|
N/A
|
Seller must disclose
if homicide occurred on property. Paranormal activity NOT
mentioned
|
Tennessee
|
No
|
N/A
|
Seller doesn't need
to disclose any act/occurrence that had no effect on physical
structure of property, or that there was a homicide or suicide on
property. Paranormal activity NOT mentioned.
|
Texas
|
No
|
N/A
|
Seller doesn't need
to disclose fact that a death occurred on property. Paranormal
activity NOT mentioned
|
Utah
|
No
|
N/A
|
Seller doesn't need
to disclose fact that property is "stigmatized." Paranormal
activity NOT mentioned
|
Vermont
|
No
|
N/A
|
N/A
|
Virginia
|
No
|
N/A
|
N/A
|
Washington
|
No
|
N/A
|
N/A
|
West
Virginia
|
No
|
N/A
|
N/A
|
Wisconsin
|
No
|
N/A
|
N/A
|
Wyoming
|
No
|
N/A
|
N/A
|
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