Sunday, October 4, 2009

Full Spooky Disclosure: Dematerializing Casper

Dear Pat,
You’re going to think we’re crazy, but my husband and I believe we share our house with a ghost.  We’ve heard unexplained noises, objects have been moved when we’re sure we haven’t moved them, and there’s just a certain “feel” to the atmosphere sometimes that makes us sure we’re not alone.  We’ve never been afraid of this presence, but it makes some of our guests uncomfortable if we mention it.  We bought the house without any disclosure about a ghost, and the sellers say they never had the kind of experience we’re having.  It’s really not a problem for us, but do we mention it when we list the house for sale?  I say we should, but my husband says…
Don’t Say Boo



Dear Boo,
I don’t believe in ghosts, but I don’t think you’re crazy.  Over the years I have been in three different homes where the seemingly rational owners claimed they had felt, or had seen evidence of, a spirit in their house.  Happily, all the ghosts were reported to be of the non-malevolent “Casper” variety.  Whether they had been spooked by a real ghost, or had simply spooked themselves by overactive imaginations, the spirits were very real to these owners. 

The law is clear that you don’t need to disclose that your house is the site of “perceived” paranormal activity.  Nor do you need to mention on-site occurrences of suicide, accidental death, or natural death.  Murder, however, must be disclosed.  For a short time a few years back, the law did require that sellers and agents disclose any perceived paranormal activity as material fact.  During this period one spooked seller and I struggled to come up with honest language that disclosed everything required but that didn’t make us look like “nut cases.”

Even though the law gives you a pass on this, Boo, you still may want to disclose anything that you think might make a new owner uncomfortable about your house.  If you choose to mention a ghost, do yourself a favor and avoid putting it in writing.  Of course, it’s much easier to disclose actual facts.  I’ve listed several houses where a suicide had occurred and in every instance we decided to mention it, believing that it would be better to disclose up front than to have the new owners hear it from neighbors.  All the houses sold in normal market time; a minister who bought one said he would say an extra blessing for the house on moving day!

Sign of the times perhaps, that two of the current disclosure questions pertain to meth production and buried human remains.  Now, that’s what I call material facts.  But even though Casper has been legally dematerialized, a prospective buyer might appreciate that you took care to say Boo.  Good luck!

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