A Weird Question (homes, buyers, gated)

[Northern Maine Land Man]

As of July 1, 2005 a listing broker must include "stigmas" in the material defects or remarks section of a disclosure. This could be murder or suicide in the building.

[K-Luv]

You have to post what the deal is when you find out what happened. You got my curiosity all riled up!

[cdodge04]

haha will do...I know the listing agent quite well, next time I get him on the phone I will have to ask if he knows.

[spaige]

When it comes to disclosures we should have it all available. some sellers don't want to advertise the "stigma" which goes with a property. But the buyer's agent might be aware and must disclose the stigma if it is known. I would say like others here have mentioned to contact the local law enforcement for that area and ask. I would assume it to be public knowledge.
Then again, maybe someone had a cut on a hand and the blood just poured out and that is all there is to it. who knows.
I would be interested in finding out what you learn.
I would freak also if I saw a lot of blood and didn't know what it was all about.

[CapeCodder]

Originally Posted by K-Luv

You have to post what the deal is when you find out what happened. You got my curiosity all riled up!

Yeah, it got me all riled up too! I even did a little googling...nuthin.

Let us know if you find out.

[WhoFanMe]

Originally Posted by Coaster

Check with the local police department or town office.

Perhaps one of the real estate agents here can also chime in -- would something like a murder in the house be among the home disclosure information that a potential buyer would receive?

I did an open house for a fellow agent in 2006 where there was a well known homicide and yes, you could see the stain on the wall painted over. Needless to say, it was a nice summer day and I spent most of the open house on the deck. In addition, there was a foot of water in the basement due to a broken water line from the street. Believe it or not, somebody actually bought the home after the bank took the property over several months later. Believe it or not, I also met a buyer who subsequently signed a Buyer Agency agreement and bought a home in South Portland a couple of months later!

As for disclosing to potential buyers, the law in Maine reads, "A seller agent shall treat all prospective buyers honestly and may not knowingly give false information and shall disclose in a timely manner to a prospective buyer all material defects pertaining to the physical condition of the property of which the seller agent knew or, acting in a reasonable manner, should have known."

The key word here is material defects pertaining to the physical condition of the property. The fact that a murder has been committed is a material fact, much like Wal-Mart moving in next door or an ashpalt plant being proposed for the area and not a defect that would affect the structural intergrity of the dwelling or property. Material facts must be disclosed when there is an client relationship (i.e. the Buyer has signed an Exclusive Buyer Represtation Agreement with the agent), If there is no Client Relationship, and the agent is operating as a Transaction Broker, the responsibilites are to treat all parties honestly and not knowingly give false information. In other words, if a buyer that I did not represent asked me if there was a murder in the home, I would have to tell them the truth and recommend that they or their agent research and evaluate whether or not that is significant.

[WhoFanMe]

Originally Posted by Northern Maine Land Man

As of July 1, 2005 a listing broker must include "stigmas" in the material defects or remarks section of a disclosure. This could be murder or suicide in the building.

Oops, this is not true. Many new changes were instituted on July 1, 2006, but nothing changed here. A stigma is a material fact, not a material defect and does not need to be disclosed to a buyer unless the agent has a written representation agreement. In fact, a seller would have a legitimate complaint against an agent who voluntarily weakened the seller's bargaining power. The buyer (or buyer's agent) is responsible for researching all material facts about the property that they are interested in purchasing.

[arzachena]

Several years ago the DH and I bought a house in CT. We loved the neighborhood and made friends with all of our neighbors. Great times.
New orders came in for the DH and we had to put the house on the market...that is when one of my close neighbors felt compelled to tell me the history of my home.

The prior owners wife had committed suicide in our garage!!!!
I couldn't sleep for several nights! It didn't help that she told me on Halloween night.

I wish she had waited to tell me after we closed on the house.

[399083453]

Heh, I'd leave it alone. Pretend it was an art project.

Cant disclose what you dont know. (wink)

[Zymer]

Originally Posted by Coaster

would something like a murder in the house be among the home disclosure information that a potential buyer would receive?

My wife insists on it, not just murders, but any deaths at all. None of the real estate agents we've dealt with have indicated that it is an unusual request.