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🧐Insights | How to Sell A Haunted House in Florida
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If you are living in what you believe to be a paranormally haunted house, and you want to sell it, you do not have to disclose your supposed haunting. But you should find out if it's actually a more settling event like a foundation issue, insect or rodent infestation, or construction issue. In Florida, a seller does not need to disclose what they believe to be a
“Haunting” but they must disclose material issues that affect the value. Let's start with the law before we discuss stigmatic incantations.
Florida law does require certain disclosures, the Standard Residential Contract for Sale and Purchase includes the following statement, “Seller knows of no facts materially affecting the value of the Real Property which are not readily observable and which have not been disclosed to Buyer”, and many contracts even include a Seller Disclosure Form. Florida law provides that, with some exceptions, a home seller must disclose any facts or conditions about a property that has a substantial impact on its value that others cannot easily observe themselves. Whether it's spooky arcing wiring in the basement, or musty mold damage due to moisture, or Creepy bugs (like termites or other wood-destroying organisms) there’s a disclosure form for that.
But what about issues with the property that aren’t so apparent - more psychological, stigmatized… or even hauntings? Sometimes a home has a specter of mysterious issues. So what happens when your walk-through feels like a reenactment of the Exorcist or when you see the Candyman in the mirror?
WELL- let's start with a definition: A stigmatized property is any building that has a detrimental issue that is not related to the physical condition of the house. This might be a haunting history - say, a murder or suicide on the premises - or even a spectator of the belief that the house has a supernatural stalker. In Florida, disclosure laws are vague when it comes to disclosing stigmatized events. The law states that the seller has no obligation to disclose any sort of death or crime that occurred on the property. When it comes to paranormal hauntings though, it’s very subjective.
Juana Watkins, general counsel and vice president of Law & Policy for Florida Realtors, says the duty to disclose depends on the beliefs of the parties involved. “Haunting or unexplainable activity on the property is not a condition that has been well litigated through the courts, so the duty to disclose is not clear, Whether a buyer or seller believes in paranormal activity will likely shape their view on whether this is a known fact. In short, it depends.”
All the ghastly ghouls, dementors, poltergeists, and goblins may be in your sale but there may be other reasons for creepy noises that could be discovered with a great pre-listing property inspection. Perhaps those bumps in the night are actually undiscovered plumbing issues or a colony of vampire bats in the attic? ““If the seller firmly believes the house is haunted, it may be good for the seller and real estate profession to discuss why,” says Juana Watkins.
In Florida, the lack of “haunting” Stigmatized Home disclosures requirements sometimes poses a problem when a buyer finds out about a death that occurred on the property and wants to cancel their contract or sue the Seller for failure to disclose. Since Florida law imposes no requirement to disclose, the Seller has not done anything wrong by not disclosing crimes, homicides, suicides, or deaths occurring on a property; these events are not in themselves considered to be conditions that substantially impact the value of a home, even if an individual buyer would disagree and this is not a reason the buyer can cancel their contract.
If buying a house with a ghost or ghoul is a scary proposition for you, buying a home with undisclosed structural issues should be worse. Here at Real-ativity, we encourage everyone to get a comprehensive home inspection before purchasing a home. Happy Halloween!
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