If a homeowner says that they think thier home is haunted is that a disclosure?

 They think that there are "gremlins" in the garage...(only the garage is "Haunted").I really think it's just racoons at night.

 If  it affected the "quiet enjoyment" of the home I say yes. But Haunted?
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February 10 2010 - US
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Depends on the laws of your state.

Under Minnesota law it's not necessary to disclose ghosts, apparitions, spirits or raccoons.
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February 10 2010
Mike, did you mean the spirits OF raccoons?
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February 10 2010
It depends on which state you're in.  In Virginia, disclosure is required only for any adverse material facts known about the property. 

A stigmatized property is one that is made undesirable by some event or circumstance that has no physical effect on the property.  This includes properties that might be tainted because they were the scene of a felony, murder or suicide; it also includes properties that are alleged to be haunted.  Under the Virginia Property Disclosure Act, this type of information has been determined to be immaterial.
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February 10 2010
I see dead raccoons.
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February 10 2010

Oh fer cryin' out loud Mike.....this is serious...


(very funny!)

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February 10 2010
In Oregon we cannot disclose if it is haunted. however if the agent runs outside without the buyer, then I would say there is a problem! :))
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February 10 2010
Glenda hit it right on the spot which is I think also the law of WA which is "adverse effect on the property"

warm wishes
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February 10 2010
"I see dead raccoons."

So do I, Mike.  On the side of the road.  Especially in Spring...when love is in the air.

....

Wasn't there a case several years ago where the sellers lived in the house for years and nothing strange happened.  But things started going bump in the night soon after the buyers moved in.  They researched and found references to a haunting in old newspapers and local folklore.  So they successfully sued the sellers for not doing due diligence?  Home Inspectors, here is a new test to add when you check a house!
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February 11 2010
Pest, Whole House, septic, Well, and Ghost inspection.  
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February 12 2010
Justin, If a home is on the market for a long time (priced below current market) because of the ghost thing, would you be able to do a loan on it?
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February 12 2010
In Arizona, homeowners and their agents are not required to disclose such things. 
Look closely at the SPDS (Seller Property Disclosure Statement), it may ask if the homeowner is aware of "pests" or "wild animals"
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February 12 2010
Hi Phyllis, yeah we should be able to lend on it.
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February 12 2010
While in most areas a Realtor must disclose only material issues (not ghosts or crimes etc), the NAR strongly suggests a more proactive approach for the sake of fair service and for legal protection.  Great article and links at this site below

http://www.realtor.org/library/library/fg703

The "Golden Rule" is a better, more reliable guide in real estate. I believe that the law should be the last resort.  Good luck!
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February 13 2010
 
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