Do I Have To Tell Buyers That My House Is Haunted?
If you think that your house is haunted, do you have to disclose this to potential buyers by law? In many states, laws require that the sellers disclose "material facts" including leaks, existing mold, the age of the roof, and so forth. However, items that are not included as material facts include the seller's personal information such as illnesses and reasons for moving. But what if the reason for the seller moving is paranormal activity?
There are only four states that deal with paranormal activity in their real estate disclosure laws. These states are New York, New Jersey, Massachusetts, and Minnesota. In New York, if the seller creates and maintains the reputation that a house is haunted, courts will rescind the home sale if the seller is taking unfair advantage of the buyer. An example of this is marketing the home as a poltergeist haven and selling to buyers that are solely interested because of this. In New Jersey, the seller must be honest about if the property comes with ghosts and ghouls, but only if asked. Many states have regulations that say any stigma around a property does not need to be disclosed, in fact, both Massachusetts and Minnesota specifically note that paranormal or supernatural activity does not need to be disclosed.
Only nine states have laws around communicating to the buyer if there was a death on the property. In California, it is required that sellers disclose a death on the property if it occurred within 3 years. In Alaska, a death must be disclosed within one year. In South Dakota, sellers have to disclose if there was a homicide on the property regardless of the amount of time. And in New Jersey, Delaware, Georgia, South Carolina, and New Hampshire, sellers only need to disclose a death on the property if they were asked.
If you're interested in buying a home and want to know if it's haunted prior to closing, there are a few steps that can be taken. First, you can check the seller's disclosures. Most U.S. states require that sellers fill out a form stating what they know about the property. Although there is nothing that specifically outlines the house being haunted, sellers are obligated in many states to disclose what could affect the home's marketability. You can also ask the neighbors what they know about the property or try a google search.
Selling a coastal California home?
Sea to Sierras Realty, Inc. has successfully sold properties up and down the California coast. We represent sellers exclusively, not buyers. Call (858) 248-1499 or email us.
This article is general information for California property owners and is not legal or tax advice. Disclosure obligations depend on the specific facts of your sale and change over time. Consult a licensed attorney about your situation. Sea to Sierras Realty, Inc. · Elizabeth A. Tresp, Broker · California DRE #02013661.