?? for Realtors re: disclosure

[bande1102]

What if a potential buyer asks straight out? I am a huge chicken and when we were looking at houses, I told the realtor and the homeowner I would not live in a house where a death has occurred or in a haunted house/house rumored to be haunted/ where there were unexplainable events-tried to cover everything. Oh yeah, I hate to admit this, but I even asked if there was a possibility my house was on an old well or old graveyard I know, I know, I know, I got issues.

Buy my question is, if a buyer asks agents/sellers very specific questions, don't they have to answer honestly?

[olecapt]

Only to the extent of their certain knowledge. In general it is very unlikely that a buyer or listing agent would know much unless it was a small town situation or a recent event.

I would generally disclose a fresh death in a home. The neighbors will anyway but older stuff I would never know about.

[joeymarine]

In NY it would be considered a breach of your fiduciary responsibility to disclose something like that which is not legally required to be disclosed and could effect the sale of a home. You can actually lose your license and be fined for that.

[rrah]

canopy--I don't know where your training is coming from, but I work at the largest multi office company in the state (IN) of a particular franchise--#1 company in the world last year-- We have a lawyer or three check all of our disclosure documents, office policy statements, etc. before one is ever given out. Our company documents on disclosures, that go to ALL buyers and sellers, very clearly states that either agent MAY disclose psychologically effected homes WITH the sellers permssion, this includes deaths, suicides, ghosts, gang activity, felonies, grave sites. The sellers agent is not permitted to disclose this information without the seller's permission. The listing agent is not required to disclose suicides or other deaths at all. I admire your sense of honesty, but as a seller's agent I may not be able to disclose certain information in representing my clients interests. My client is not currently legally required to disclose any information regarding deaths, ghosts, etc.

[shellytc]

SamIAm, I think you will find that as agents we cannot disclose certain issues (like deaths, ghosts, etc) UNLESS the seller gives permission, or in your example, Insists upon it. This is the case for most states, but not all. some states deal specifically with those issues.

there are some people that want to purchase haunted homes, and I believe there is a website for listing them, so it may be that the home is worth more with a ghosty, or two!!

Good luck and let us know if you see, hear, feel anything!!

Shelly

[olecapt]

Originally Posted by rrah

canopy--I don't know where your training is coming from, but I work at the largest multi office company in the state (IN) of a particular franchise--#1 company in the world last year-- We have a lawyer or three check all of our disclosure documents, office policy statements, etc. before one is ever given out. Our company documents on disclosures, that go to ALL buyers and sellers, very clearly states that either agent MAY disclose psychologically effected homes WITH the sellers permssion, this includes deaths, suicides, ghosts, gang activity, felonies, grave sites. The sellers agent is not permitted to disclose this information without the seller's permission. The listing agent is not required to disclose suicides or other deaths at all. I admire your sense of honesty, but as a seller's agent I may not be able to disclose certain information in representing my clients interests. My client is not currently legally required to disclose any information regarding deaths, ghosts, etc.

Ahhh but if you whisper in their ear that it might keep them and their agent from getting sued...then what?

[Sam I Am]

Originally Posted by shellytc

SamIAm, I think you will find that as agents we cannot disclose certain issues (like deaths, ghosts, etc) UNLESS the seller gives permission, or in your example, Insists upon it. This is the case for most states, but not all. some states deal specifically with those issues.

there are some people that want to purchase haunted homes, and I believe there is a website for listing them, so it may be that the home is worth more with a ghosty, or two!!

Good luck and let us know if you see, hear, feel anything!!

Shelly

This will most certainly be an interesting experience....I hope to never breathe another word about the house, but if I do - you will KNOW there's something weird going on, 'cause I'm not sure I'm a believer and I have Doubting Thomas for a husband......and a lawyer son who is so analytical that the ghosts would have to sit next to him and hold his hand for him to believe anything!

[rrah]

Originally Posted by olecapt

Ahhh but if you whisper in their ear that it might keep them and their agent from getting sued...then what?

Obviously I would prefer my clients disclose these things, but I cannot force it.

Being the optimist that I am, I would hope that an attorney would tell the hypothetical buyers that state law does not require disclosure and prohibits the sellers' agent from disclosing without the sellers permission. I realize it's too much to hope for that all buyers agents inform clients of what can/cannot be disclosed. Worst case, I guess that's why I pay insurance.