We Are Living In A Material World

Guest Article: Posted on behalf of AGHOST member Jody C.

The question has come up a few times in past months whether or not sellers and/or realtors are required to tell potential home buyers that a property may be haunted. Going by what I have studied (I’m a fledgling realtor), I'd say no.

Realtors should provide a potential buyer with an Abstract of Title, which summarizes all public records regarding a particular parcel, lists any transfers of ownership and divisions of property. If the property has ever had a lien or other encumbrance associated with it, that will also be shown in the Abstract of Title.

Sellers are required to disclose all Material Facts about their property, defined as:

"Information that substantially adversely affects the value of the property or a party’s ability to perform its obligations in a real estate transaction, or operates to materially impair or defeat the purpose of the transaction."

While the following are excellent sources for creating residual energy and/or hauntings, they are NOT considered to be Material Facts and therefore are not required to be disclosed to a potential buyer:

"The fact or suspicion that the property, or any neighboring property, is or was the site of a:

• murder, suicide or other death
  
• rape or other sex crime
  
• assault or other violent crime
  
• robbery or burglary
  
• illegal drug activity
  
• gang-related activity
  
• political or religious activity, or
  
• other act, occurrence, or use not adversely affecting the PHYSICAL condition of or title to the property."
  

This is all according to the realtor's code [RCW 18.86.010(9)].

So, unless a haunting is causing the building’s foundation to shift, the timbers to rot or the plaster to continually peel, it seems the chance that a buyer will be told ahead of time that their dream home comes equipped with an afterlife tenant is slim.

Note that this is a generalization. Some states require that if a buyer poses a direct question to a seller or Realtor about whether or not a death occurred on the property, they must answer honestly and to the best of their knowledge. When in doubt, though, ask a real estate attorney and they will let you know about your rights to full disclosure.