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Ghoul Disclosure: Must Home Sellers Disclose Paranormal Activity?
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Oct 2010
Do buyers have a right to know if a house is haunted? The law requires certain structural details to be disclosed when a home is up for sale, but what about paranormal details?
Material Facts
Although the wording may vary state to state, most real estate laws require sellers to disclose "material facts" such as structural concerns, the age of the roof and shingles, leaks in the foundation and walls, existing mold and mildew, and total square footage. Material facts can also include other items that affect the house's value such as the amount of property taxes, details about individuals who claim to have an interest in the house, or overlaps on adjacent properties.
Items not considered material facts include personal information about a seller, such as pending foreclosure or divorce, illnesses of the seller, and the seller's reasons for moving. What if the seller's reason for moving involves the paranormal? Remember the unhappy inhabitants in Poltergeist, The Amityville Horror, and The Others? Must a seller disclose whether their property is haunted? Or if a heinous crime, murder, or suicide occurred on the property?
Death on a Property May Be Material
In California, the Association of Realtors addressed the issue of death disclosure requirements. Civil Code ¤1710.2 states death on a property need not be disclosed if it occurred more than three years prior to the sale. The statute does require disclosure of a death more than three years old if the buyer asks. Many brokerage firms have supplemental disclosure forms that specifically inquire about death. To avoid liability, it is recommended the seller disclose a death if it occurred within the last three years and let the buyer decide. Some states have even gone further requiring home sellers to disclose "stigmas" attached to a property, which can include proximity to homeless shelters and if it was the scene of a violent crime.
In a famous 1991 New York case, a buyer sued the seller and the seller's Realtor for failure to disclose the house's ghostly reputation. Prior to putting the house up for sale, the seller wrote about her bumps in the night for the local paper and Readers' Digest, but the buyers were unaware of the home's reputation. Although the court did not rule nondisclosure of the house's reputation as fraudulent, it did allow the buyer to back out of his contract and get his down payment back.
According to a study by two business professors at Wright University, houses where murder or suicide have occurred can take 50% longer to sell, and at an average of 2.4 percent less than comparable homes. A California appraiser who specializes in diminution in value issues says that a well-publicized murder generally lowers selling price 15 to 35 percent.
Sometimes, a house's macabre past is an asset rather than a liability, especially if the gruesome past involves celebrities or legends. Ghosts can be a selling point for some towns that rely on their dead inhabitants for tourist appeal. Cities like St. Augustine, New Orleans, and Hollywood all provide ghost tours of popular sighting sites. In St. Augustine, a legendary haunted-house-turned-restaurant lures in diners with the prospect of seeing the house's former owner—a woman dressed in white who purportedly appears in mirrors and walks the second floor.
Do I Have to Disclose?
Sellers should disclose grisly facts about the house, so they will not be "haunted" later. Even if not required by state law, in order to soothe prospective buyers and avoid lawsuits, sellers should be upfront about their home's paranormal guests or ghoulish histories.
This article was originally published in January, 2005 and updated October, 2010.
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Comments
Submitted by on Sep 28, 2010 - 12:33PM
In Massachusetts, no disclosure is required. Buyer Beware!
Submitted by on Sep 28, 2010 - 4:35PM
Speaking as a paranormal investigator I gotta say, the people who sued that seller for non disclosure missed a bigger opportunity in owning a haunted house where they could have made money on it by giving tours, talking about the history, exploiting the ghosts and just in general being a bad owner. The would be buyer in that 1991 NY case was a colossal moron and would be now sitting on very hot property...I'd love to own an extremely haunted house...the money I'd make...would pay for the mortgage, the property taxes and anything else that needed fixing...
Submitted by on Jul 15, 2012 - 6:15PM
Yea, that'd be great if you had a friendly ghost! Not all ghosts are like Casper. I've heard of people who have been threatened by angry spirits, had things thrown at them, been pushed downstairs, had property damaged, children and pets terrified etc. I love a good ghost story...but to live one like that?..No thank you!
Submitted by on Sep 29, 2010 - 7:04AM
As a Paranormal Investigator, I think if the dwelling in question has been publicly declared a "haunted" venue, especially if said building has profited from that designation, then by all means the disclosure should be made. Also, if there has been an investigation done for reasons of discomfort and technical evidence of a haunting has been professionally gathered then a disclosure should be made on ethical grounds. In very rare occasions, a haunting can be deemed as threatening or dangerous and if this sort of activity has been well documented; i.e.physical or mental harm has occurred then yes; I would strongly recommend that a legal disclosure should be mandatory.
Submitted by on Oct 2, 2010 - 5:24AM
Please, noone can actually prove ghosts, spirits or any other entity actually exist. Paranormal activity simply means something is happening that we can't explain at the moment. My opinion is of the physics nature, the theroy supercolliders are built. Since peoples imaginations often run wild and there is no actual proof, no disclosure is necessary, publicily declared or not.
Submitted by on Jan 25, 2012 - 3:38PM
How do you know there are no spirits? Just because youv'e never had a experiance, doesn't mean other's haven't. If you believe in Jesus why can,t you believe in spirits. I have documented proof, my home has several. And mostly we all get along. We have had to bannish one, who was evil. Not a demon, just mean. Why is it so hard to believe in this when other things in this world is hareder to believe, but yet things happen. Such as suiside bombers.
Submitted by on Jul 15, 2012 - 6:04PM
I completely agree with Biggtexx. Personally, I believe in God, and in angels. We may, or may not see them, but they are there.I also believe that when people die, their spirit lives on, and if they died a horrible death, or even a peaceful one...they might come back to let others know they are ok, or to warn them. So, why not ghosts? There is a lot about our world we don't understand. Those who have not had these experiences have no right to ridicule those who have. There are many un-explainable things in the world. Can you PROVE that ghosts don't exist? There has to be some good reason why strange phenomenon happens, when no-one else is around to cause it. It's not just our imagination!
Submitted by on Jan 27, 2012 - 2:45PM
Hey Bob,
You'd have a very diferent opinion if you lived here.
Even our dog knows something is going on. The poor thing used to sleep in his bed at night only. Now he is in it all day long and wants his face covered.
We've been in this house for a little over 8 years and the happenings began 4 years ago.
While video recording one Christmas, a distinct female voice said "Please move the camera". We still have the recording.
This place is weird.
As soon as the lights are turned off at night, we hear all kinds of shuffling and walking around on hard wood floors. Funny thing is Bob, our floors are carpeted.
Voices will speak directly into our ears.
One night after saying good night to my husband, a voice yelled in my ear "CAN YOU SAY GOODNOGHT?"
Its hardly our imagination, as we never believed in this stuff until moving here.
So far the 3 of us have not been harmed, but it sure explains why folks don't live in this house for long.
Submitted by on Sep 29, 2010 - 1:33PM
My friend and I live together and we are being attacked by some radio operators that have very powerful transmitters and we believe the police and other law enforcement are involved.
My friends ex-husband had an embolism, our neighbor next door complained of terrible pain in his legs and then died, the neighbor across suddenly died of a heart attack(he was only 47), the neighbor across the street is crying and complains about her eyes burning and her arms burning and she can't sleep in the front bedroom because of the pain and I've called the police ten times complaining about the neighbor burning us with some sort of transmitter device and she even got mad when I asked her to turn it down and said "You're really going to burn now". We are hitting a brick wall with the police and although the DA said we should contact the City Council and ask for funding for testing to determine what is going on and who the culprits are! I've been hospitalized six times in three years with heart problems. We are being disabled and the police know this and they said its a civil thing but the DA said we have to report it if we sell our home.Can you advise us. We are being brain damaged.
Submitted by on Sep 30, 2010 - 1:57PM
Tom you are really under attack, you should go see a deliverance minister and fight spiritual things, spiritually. I hope your friend that you live with is of the opposite sex. It does matter.
Submitted by on Oct 2, 2010 - 11:19AM
Hey guys, I agree that if your situation becomes so fierce, you need to take action. I am not a paranormal expert, but I have delt with two ghosts, in two separate dwellings; current one included.
The first one was angry. The condo had been empty for 20 years and the carpet was new, right before she died; gold high low iron carpet, but showed heavy wear and the niece that owned it had only visited it once. Mrs. Hale felt that I had violated her home? There was a possession at some point. I freaked my mom and friend out. She broke things, in front of my friends, witnesses, and when that didn't rid us, she started a fire in the condo., only after leading me to the hand grenade. I have to give Mrs. Hale credit, she gave me a run for my money. However, I finally rid myself of her by simply redecorating. I took up her new carpet, took down her drapes, and put in new window treatments, re-painted and hung new wallpaper. The painting took 3 months, because she kept switching gloss and flat on me, but, once I rolled the rugs out, I said bye bye!!!
My second ghost is a friendly drunk. He loves this house, and he walks it. He shot himself in my sunken bath; hole still in the wall To me, the hole is a prize. He lazily walks the halls, looking for his wife, who left him there alone and moved to the beach. He was a 1960'- 1970's party animal. His claim is simply, the more the merrier. He is, however, a nuisance.
So, for all of you out there, who have had encounters, there is a way of moving them on, or enjoying them. At least that is what I have experienced.
Submitted by on Sep 30, 2010 - 8:45PM
If I were in your position and could not get any help from the local law enforcement and only lip service from the City Council, I think I would try some other avenues. Most counties have a Health Dept. or a Dept. of Environmental Quality, you should probably consult with a lawyer as well since internet advice is not always the most reliable. Another possibility is to contact local news channels or news papers. They are usually hungry for stories that will generate interest. This kind of story will put the local authorities in an unflattering spotlight which will usually pressure them into doing something useful. You may be surprised to see how helpful they can be when they need a good follow-up to redeem their public image. Just be careful to only state facts objectively. Don't say anything derogatory about anyone (that could backfire). Stay objective and diplomatic and let the facts speak for themselves. Good Luck!
Submitted by on Oct 1, 2010 - 9:30AM
Get a Rohde & Schwarz model PR100 portable receiver with HE300 active directional antenna. This will help you track down the source of any RF interference and give you solid proof if its coming from your neighbors house or not. They're expensive ($20K), but you might be able to rent one for a week or so which might make it affordable. Good luck.
Submitted by on Oct 7, 2010 - 12:43PM
Tom, if you really believe that your symptoms are due to a local transmitter aimed at your house, the FCC should be notified. There are laws controlling the exposure to unbeknownst folks controlling what the RFE (radio frequency energy)levels can be. They can be measured easily on your property, monitored over time and recorded in case they shut it off when the FCC is looking.
First contact an engineer that specializes in RFE safety and measurement, and then have them contact the FCC with their findings. The perps will then be the ones that burn.
Submitted by on May 16, 2011 - 8:33PM
Tom - you are definitely NOT being tortured and terrorized by paranormal entities but by the paramilitary who are employed by your local, state and federal government in the "covert war" George Bush declared in 2003 on everyone, everywhere. That is why local police will do nothing to help you; you are a target of our military dictatorship. The Directed Energy Weapon ("DEW") you describe being used on you is a microwave gun colloquially called, The Dazzler, and it is used in urban conflict areas such as Baghdad and in the West Bank/Gaza. There are also Electromagnetic weapons that are used to deplete your energy and scramble your thoughts, "cell control," colloquially called 'gangstalking,' and a host of other highly sophisticated and even more invasive weapons in use against us - because we live in the most fascist country in the history of fascism, or countries, which is why our government spends $75 bil./year on this. Your DA is right - these are civil rights crimes (and human rights crimes), but with China and Saudi Arabia being the largest holders of US Treasury notes, the income of which pays for us to run our government (and our government to run this inhumane police state), it's highly unlikely it will ever be held accountable. That's the main privilege of being the world's 'superpower.'. And you thought Bill Clinton making China a 'most cavorts trading nation' (on the heels of the Tiannamen Square massacre) and NAFTA, etc. was going to make the 'third world' more progressive in terms of human rights. Bill was a traitor to America 19 ways 'till Tuesday - and it had NOTHING to do with whomever he may have, or may not have, slept with; that baloney was distraction to make you not look at all the horrible things he did while in office - and that's standard CIA tactic. Live with whom you want; love whom you want - the one, true G_d is a god of love, not hate, condemnation and violence.
There are groups that are allegedly not operated by the government. If you google "gangstalking" you can find them. I would not trust any who talk like assinine "Libertarians." They believe the market is the only solution to any social problem - and that, therefore, slavery is just fine. Also, if they operate freely (which I can't), be cautious; they could be just another way of keeping track of you. If none of them are talking about fascism (and talk of 'corporatism' is more CIA-directed distraction), they're not interested in changing this status quo. (That's the reason you won't find a DA, or a so-called civil liberties group to help you; no one wants to fight the Pentagon, especially as ineffectually as in a courtroom.) Never let your pets out of your sight! Good luck!
www.dontfearyourfreedom.blgspot.com/2010/05/i-am-not-terrorist-dont-take...
Submitted by on Sep 29, 2010 - 4:37PM
Nothing like a story about a load of crap. Ghosts, paranormal activity? What's next the Stay-Puft marshmallow man? Why should a seller worry about nutball ideas about their home. next we'll have to disclose if martians have peered through our windows. No wonder America is falling apart.
Submitted by on Sep 29, 2010 - 6:27PM
It would be so grossly unfair not to let a buyer know if something like this is going on. It could cause physical or mental problems for a person living in that type of situation. As for Massachusetts, with it's history, I believe it should be full disclosure....and let me tell you, I've NEVER encountered a ghost to my knowledge so I'm not 100% convinced they exist! Spirits yes, ghosts??? but, I would NEVER purchase a house that has had a death at any time!
Submitted by on Oct 1, 2010 - 1:29PM
Why would you not buy a house where someone has died? Death is part of life; everyone will die eventually, even you!
As far as disclosing, whether you believe in the after life or not, if someone who has lived in a house has experienced something that cannot be explained, then I think it is appropriate to disclose! It is up to the buyer then to decide if he or she wants to accept the idea of having a permanent resident or to disregard it as nonsense.
Submitted by on Sep 30, 2010 - 12:00PM
Wow, I wish I had the investment capital to cater to the tinfoil hat crowd. Id make a bundle. Selling "haunted houses", EMP proofing so that the NSA couldn't listen to their thoughts while the customer was sleeping. maybe even a "cleansing" or two, so that no residual "negative energy" remained. Honestly I couldn't care less if a dozen people were murdered in the house i live in (I'd feel bad for them, of course) but it wouldn't affect my decision to buy the house. sorry folks but ghosts aren't real, and the CIA doesn't care what is in your head and does not have the means to remotely extract it (other than by 150 grains of lead at 2300 fps, but the later analysis of that is extremely difficult and not really worth the trouble). WOW, I can't believe in this day and age people will still be fearful of moving into a house where someone died. Do you realize that in the history of america, especially along the eastern seaboard you are almost constantly in close proximity to a place where someone died in the last 400 years, often violently. it is unavoidable, especially in the cities. The people that have died in the last 400 years vastly outnumber those of us who live. We should be knee deep in ghosts by now.
somebody front me some seed money, and I'll make us both rich, lol
-sceptic
Submitted by on Jan 25, 2012 - 3:58PM
your a idiot. Youv'e never experienced anything, so you find it false and condemn it by your royal authority. So i guess your condemning Jesus, slso. You know it says he came back 3 days after death. So why cannot others? I have several in my house documented, by video recordings and pictures sent to labs to prove they were not tamperd. So before you speak for the world check out others experiences.
Submitted by on Sep 30, 2010 - 9:01PM
Just because some one has died in a home doesnt make it haunted. My mother died in her house and I promise she isnt there haunting my father or anyone else who comes in. I think paranormal activity should be disclosed. Its not a negative thing to some people. some people would love to live there and live off the fame they would get from it being haunted, I would take full advantage of it!!!!
Submitted by on Oct 1, 2010 - 8:27AM
Foreclosure activity (if it's pending) is very much a material fact in California and probably in most other states. If the buyer is spending money on an appraisal and inspections but the bank is about to take the home back, that is critically important and it would be a serious breach of the disclosure obligation to be silent on this point.
In California, a "material fact" is anything which would impact the buyer's decision to buy or how much to pay. That includes stigmas, hauntings, neighbor problems, neighborhood odors, etc. The exception is anything covered by law such as a disability for a protected class (mental illness is covered so cannot be disclosed, for example).
Submitted by on Oct 1, 2010 - 1:48PM
Paranormal activity should not have to be disclosed. If anything, the belief of the activity in the sellers head is all that should be mentioned. Ghosts, UFOs, Gods, etc. are all beliefs that time and again cannot be proven. The only reason these are so widely believed is because we all want them to happen. Meanwhile, the noises in the night, the reflected light, coincidental happenings, etc. will continue to generate those beliefs. People need to stick with science and logic.
Submitted by on Oct 1, 2010 - 12:23PM
In S.C. paranormal activity, murder, death, etc. does not have to be disclosed by a seller, but it must be revealed if the buyer asks, so if this is a concern to you, just add it to your list of questions to ask before you sign on the dotted line.
Paranormal occurrances are not always demonic like that darn exorcist movie anyway. My in-laws have always had odd things happen in their home, and my husband actually saw an apparition in their house when he was a little boy. He called it the "grey man" and the name sort of stuck. The grey man has quite the sense of humor and likes to take things and then return them in strange ways in unexpected places. It's actually quite entertaining. If you don't believe, then maybe it's just because you haven't had a personal experience with it. I do believe there are spirits around us, and we shouldn't be afraid of that. I wish I had the time and space here to tell you some of our stories!
Submitted by on Oct 1, 2010 - 12:46PM
Well since there is no such thing as ghosts or "paranormal activity" there is nothing to disclose.
Submitted by on Oct 1, 2010 - 1:37PM
But, how can one disclose a haunting (a "material fact") without simultaneously revealing mental illness, which, by law, canNOT be disclosed? Goodness, real estate is so confusing. :(
Submitted by on Oct 1, 2010 - 1:48PM
Well, this article pretty much does it for me. It appears lawyers are so greedy that setting average citizens at each others throats isn't enough, now they need to prey upon the mentally unstable and the overly superstitious, as well as the religiously steeped. Haunted house? Really? No one has ever really proved that houses are haunted, so these so called legal types are merely preying upon peoples fears in order to get rich. Shame on ANY lawyer who operates in that fashion. And Legal zoom, You just lost me. Wait until i tell my friends what You've sent me and let them read Your article. This will be the best laugh ever. Next thing You know, Your web site will report that home owners will now be encouraged (or required) to disclose any visits (missed or otherwise) by Santa Claus, The Easter Bunny, the Tooth Fairy and/or whether or not the Bogie Man (perhaps Monsters Inc.) has access to any closets in the home.
Small wonder about all the lawyer jokes around, eh? i wonder what Shakespeare would say..."alas poor Yorik, i knew him well, Horatio...{but he haunts the house You sold me and i want my money back?}" Funniest play Old William ever wrote.
Therefore i will click the "don't send me this pap" button and be free of You and the legal insanity Your site preaches. Ta ta. Good night, sleep tight, don't let the poltergeists bite.
Submitted by on Oct 5, 2010 - 1:12PM
Sorry you didn’t like the article, Tanya. Whether or not ghosts exist, the laws in some states may hold home sellers responsible for disclosing rumors of haunting, and it’s important for sellers to be aware of those requirements. We’re not advocating either way—we just want to make our readers aware of the facts.
Submitted by on Oct 13, 2010 - 11:39AM
Yikes! I think someone hurt Tanya's feelings. Either that or she has some deep seated issues.
Submitted by on Nov 13, 2010 - 11:23PM
Has anyone ever heard of agree to disagree when a full accord can't be reached. There is not 100% evidence one way or the other as to ghosts or anything supernatural, etc., so until then people should at least be able to agree to disagree and voice an opinion without someone calling names, demeaning or otherwise because they feel or think differently than the next. The world needs more than one opinion. So, to all the posters, thank you for your posts, that is what discussion boards are for, to discuss what someone has brought up for discussion.
I want to thank LegalZoom for posting this article. I think it is important to make the public aware of the possibilities of the legal and law ramification's to all aspects of home sales/buying and then let the public decide what they care to do with the reported information. I, for one, would want to know if someone commited suicide or died in the home and if there was any kind of violent nature to the death if there was one. It wouldn't sway my decision, but I would want to know.
Thanks again LegalZoon, we do need to have information supplied and then the individual can do what they need with it if anything.
Submitted by on Dec 29, 2011 - 7:06AM
if a real estate company sells you a house and doesnt tell you that the former tennent commited suicide in the past year what can you do about it?
Submitted by on Jul 15, 2012 - 7:00PM
If someone just died a natural death from old age, or from illness, I wouldn't be concerned. Unless of course, the illness was caused by something dangerous with the house itself. However, if it was due to a murder/suicide or something else equally drastic, I would certainly want to know about that! I hate to break it to those strongly opinionated cocky skeptics who seem to think they know everything, without experiencing a lot of things: but ghosts DO exist. Many people don't believe in God, but there is proof all around us that HE exists. There are also hundreds of thousands of people who have proof that ghosts exist..and many of them have actually SEEN, HEARD and FELT them. I'm sure you are all laughing at us...and frankly, I don't care, but wait until it happens to you. Then I'd love to be there to see those smirks being wiped off your smug faces.
Submitted by on Feb 6, 2013 - 5:37PM
We have 2 ghosts in our house, it dates from the 1900,s the male is Terrance and he is 32. The girl, his daughter is Lilly and the house on this land previously burnt down. He went in to save her and died also, and he is a athliest. When God or Jesus is mentioned to often, he throws things at you, and when you watch tv shows about the crusification of Christ he will give you chest pains. He has also broken 2 mirrors and thru it across the room, you have to becareful what you say at the house. We believe in God and we are christians, when you believe in God you also have to believe in the Devil. If you believe in Angels, you also have to believe in the Demons. Not every ghost is good, or evil. Remember how you are in life is how you are as a ghost or spirit. If you are mean you will be mean in spirit. Everyone that has lived here, has had experiences and believes in Ghosts, most are good, some are bad or even Demons.
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