Sellers who believe spirits reside in their homes should disclose this to the buyers, as haunting could be deemed a stigma. And most buyers want to know.
That’s right. Even spirits can’t escape the scrutiny of a buyer. And two out of three potential buyers might just ghost you if they hear about your other-worldly housemates.
But would paranormal activity be something to put on a formal disclosure form? Let’s open the creaky door to an exploration of seller disclosure and the haunted house. It begins with a discussion of…
The Stigmatized Property
A home with a notorious reputation could have a stigma that needs to be disclosed to potential buyers. Maybe it belonged to a mob boss, a drug kingpin, a cult leader, or someone who died in a harrowing way. And maybe it became the object of gossip and stories in the news.
Homes that were the scenes of infamous crimes can sit on the market for a long time, and fail to fetch their true value. So could homes in historically notable areas, or homes that were featured in films or TV shows — even shows with happy endings.
The reason for the failure to sell for full market value? Potential buyers might avoid such homes. Perhaps they wonder if curiosity seekers will come around, trying to peer into windows. Who wants to own a tourist draw for a home? At least you’d want to know what could be coming and whether you’d embrace it or find it a nuisance. Just imagine being a resident of Salem, Massachusetts in October, when fans of witchcraft and the bewitching arts descend on the town!
Buying a Haunted House?
Ready to embark on the spine-tingling adventure of purchasing a haunted house? You’re among the hardy portion of U.S. homebuyers who’d be an eager housemate to the resident spirits.
Many of your home-buying peers, learning of a haunting, would consider that more of a trick than a treat. Unfortunately for them, most states don’t make sellers say boo about their ghosts or other skeletons in the closets.
☛ Don’t let a previous owner’s debt (and collections services!) haunt your new home. A title search is a crucial step, as it discloses unpaid taxes, creditors’ liens, and court judgments.
If an unnatural death occurred in a home, will you hear about it? It all depends on the applicable state law. Ask if you’re concerned. Sellers might legally have to explain a home’s troubled history if you ask.
Boo! Look Out for Quirky Law
The mere fact of a death having occurred in a home is no stigma, of course. But some states require a death to be disclosed if related to a hazard in the home. And while sellers don’t need to disclose past unlawful activity, the past housing of a meth lab must be disclosed. As you can see, real estate disclosure is mainly interested in safety matters, continuing hazards, and physical defects.
Still, look out for quirks in state law. There are the laid-back states. Massachusetts requires no disclosure of suicides, unlawful activity, or supernatural phenomena. Then there are the states with lawmakers riding on their broomsticks. California law says deaths more than three years ago need not be disclosed to potential buyers — indicating that recent deaths do need to be reported. In fact, California home sellers have to spill the beans about a range of matters that concern a home’s marketability and desirability.
People who died during ownership would be named in the title history. In itself, that has no impact on the integrity of a title, and should not affect the desirability of the home to buyers. Still, state laws and local ordinances might cover these issues in unusual ways, so it’s best to look them up if you have concerns. Even if you’re not bothered by the home’s history, you might have reasonable concerns about the value of a stigmatized home to potential buyers down the road.
Ghostbuster Ruling in New York
Seller disclosures tell the buyer about factors involving the property’s condition and other material facts the buyer would want to know. It’s a wise and generally expected practice to let potential buyers know of anything along those lines. No seller wants to be haunted by litigious buyers who feel they were left in the dark!
Seriously. Note a certain buyer who successfully sued for a refund after putting a deposit on LaVeta Place, in Nyack, New York. The state’s Supreme Court weighed in with the 1991 “Ghostbuster Ruling.”
The buyer claimed that the previous owner spread ghost stories about the home before selling it. The court decided the buyer had a right to know about the whole thing, and deserved a refund on the deposit. The upshot? In New York, stories of supernatural goings-on, especially if they’re known to many people or covered by the media, are clearly matters for the seller to convey — before the buyer conveys a deposit.
Despite the hallowed case of New York, seller disclosure over hauntings is generally not necessary when selling a home. Yet state laws do require sellers to disclose material defects that could affect a property’s value or desirability. Does a house of ghostly repute have a material defect? If the ghost stories are big news, maybe. Should you inform potential buyers to avert future disputes? Ask your local experts and legal professionals for case-specific information.
Note: Any sellers can make errors. Most don’t read all the applicable laws (or any) before selling a home. They might find a search of the legal literature even scarier than unhappy spirits shaking the bed. But if you’ve run into a dispute over the necessity of disclosure, you’ll need to call a lawyer and establish an attorney-client relationship.
Home Insurance for Casper’s Capers?
You’d have to ask your insurance company about their experience in coverage for hauntings. “Open perils” policies would be the best bet to cover ghostly problems from the past, says Insurance Zebra. And if you’re really into covering your bases, you can purchase paranormal activity insurance.
☛ Looking for seasonal ghost stories about perfectly haunted (or glaringly ghastly) houses? Then here are some treats for you.
As for communicating with other-than-human beings, you might follow the advice of a paranormal investigator, and don’t “just open the door to anyone or anything.”
Speaking with Zach Ewell at the Leader’s Edge insurance group, Colleen O’Hara of Idaho-based Pocatello Paranormal Research continued:
Some people are cruel, and that energy persists in death. And you don’t want a non-human to show up and create havoc in your life.
No truer words have been spoken.
Supporting References
Susan Meyer for Insurance Zebra via TheZebra.com: One in Three Americans Would Live in a Haunted House, and Other Stigmatized Property Stats (updated Jan. 2, 2023).
Zach Ewell for Leader’s Edge via LeadersEdge.com: Paranormal Peril – This Isn’t a Case for Scooby-Doo and Meddling Kids (Oct. 20, 2022).
And as linked.
More on topics: Stigmatized properties, Homeowners’ insurance and title policies
Photo credits: Yura Forrat, via Pexels; and Erik Jan Hanussen on Wikimedia Commons / public domain via Picryl.