NorthWest Indiana Real Estate Blog: Trick or Treat ? Disclosure Laws on Haunted / Psychologically Affected Homes :)

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Trick or Treat ? Disclosure Laws on Haunted / Psychologically Affected Homes :)

                   

Hello Everyone...Just wanted to share this tidbit in time for HALLOWEEN for those who may run across

properties occupied by a different type of tenant....LOL

Every Week We Receive an Email Newsletter From our State Association in Indiana and it Always provides interesting

and informative articles that relate to our professional practice. This week the story in bold below brought a

smile to our face :)

"1.  Is a Haunted House Considered a Psychologically Affected Property?

In honor of Halloween, the IAR Legal Affairs Department brings to you a "spirited" article on Psychologically Affected Property -

Psychologically affected property is defined in Indiana Code (IC 32-21-6-3).  An owner or agent is NOT required to disclose to a prospective purchaser any knowledge of a psychologically affected property in a real estate transaction UNLESS there is a direct inquiry from that prospective purchaser (IC 32-21-6-6). 

Is a haunted house considered a psychologically affected property?  No, it is not included in IC 32-21-6-3 as such a property since there is no formal verification or substantiation that such an entity exists. Nonetheless, we do get calls from brokers who have asked this question and whose clients believe their house to be haunted.   

One such call came in from Hendricks County, where a buyer purchased a home, heard footsteps and voices, and discovered words on a mirror saying "get out" when no one was home but that buyer!  This buyer called to complain to the listing agent that the house was haunted!  The listing agent contacted the seller who said "yes, we knew it was haunted but they are friendly spirits!!"

Did the seller have to disclose this information?  No, pursuant to IC 32-21-6-6, there must be a direct inquiry from that prospective purchaser as to whether the house is haunted, and even then there is no category defining a haunted house as a psychologically affected property!! "

 

P.S. please see disclaimer below that ALLOWS us to share this newsletter with full story credit given to IAR :)

Have a Great Weekend Everyone!  

Inside IAR

Inside IAR is a bi-weekly communications piece of the Indiana Association of REALTORS® designed to provide Members with notice of upcoming events, IAR and local Board staff changes, and Legal Affairs Department and especially important industry news in addition to what is published in the Indiana REALTOR® magazine.  This e-publication may be used in whole or in part for replication if given proper credit.

Jeff & Grace Safrin REALTORS -"Spouses Selling Houses" TM - F.C. Tucker/Advantage Realty - NW Indiana

Disclaimer: The opinions expressed by nd those providing comments are theirs alone, and do not reflect the opinions of Jeff and Grace Safrin of F.C. Tucker Advantage Realty. Jeff and Grace Safrin and F.C. Tucker Advantage Realty are not responsible for the accuracy or content provided .

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F.C.Tucker 1st Team Real Estate

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Comments

Hi Grace and Jeff !

The laws are very different there than here.  I wrote a post on this awhile back to do with the laws here in Ontario:
  Would You Live in a Haunted House? Selling Stigmatized Property in Ontario.   and in the comments of that post someone posted a link to a website (Mary Pope Handy's) that covers the laws for all of the states...there is quite a wide variation.

Very intriguing and perfect Halloween post !!!  I love your banner btw.

I hope you and Jeff have a wonderful and productive weekend,

Jo (and keep your eye out for a new contest announcement at the Inspiration group this coming week...Bill Cherry had an excellent idea and I KNOW you're going to love this one.) 

Posted by Jo-Anne Smith- Oakville, Burlington and Mississauga Region Real Estate, Ont (Your Choice Realty ) over 4 years ago
Grace, I know the laws on disclosure vary but I would sure want to know!  Some people actually WANT houses that are thought to be haunted :) 
Posted by Laura Cerrano and Carole Provenzale Owner, Feng Shui Long Island & New York (Feng Shui Long Island & New York City/Feng Shui Manhattan ) over 4 years ago

In DC; it is against the law to disclose this.  I guess the thought is - Prove there is a ghost there!

You know; it's a town full of lawyers....

Posted by James Downing - REALTOR®,GRI, ABR - DC Real Estate (Coldwell Banker Residential Brokerage) over 4 years ago
Grace & Jeff-This has inspired me to clarify our Utah laws on this.  I had never really considered that.  Thank you!
Posted by Julie Neerings~Lifting Hearts ♥ Building Dreams~ (Agent Referral) over 4 years ago

Hello Jo-Anne-thanks for taking time to drop by & also for the link to the various State Laws- yes they do vary! Your post was great, I remember it! I will be checking for the announcement of the new contest also- thanks for letting us know in advance! Have an awesome weekend as well!

Hi Carole, Thanks for stopping by and commenting....We agree- we would want to know if the property was haunted :) as well - but, so far we have not had buyers ask specifically for these affected properties...at least from this article we know that friendly spirits reside n a Home in Hendricks County...LOL

Hello James,  Yes every state law varies, wonder if there is case lawtrying to prove this? LOL thanks for taking time to comment.

Hi Julie, If you follow the link above to Jo-Anne's old post there is a link in that one that directs you to state laws on this topic & yes they do differ! Thanks for stopping by!

Sincerely,

Grace Safrin

Posted by Jeff & Grace Safrin, Broker / Owners, SFR, CRS, Northwest Indiana (F.C.Tucker 1st Team Real Estate) over 4 years ago
Grace- Very nice post - and very interesting.  Isn't it funny the things that people think of when buying a home?  I would never think to ask if a place is haunted.   But hey, maybe I will add it to my list ;)
Posted by Kimberly Wester over 4 years ago
Yes, Kim I agree - we've never been asked this about a home and there are plenty of OLD homes in downtown Valpo that we've shown :) Thanks for taking time to stip by and comment.
Posted by Jeff & Grace Safrin, Broker / Owners, SFR, CRS, Northwest Indiana (F.C.Tucker 1st Team Real Estate) over 4 years ago

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