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Couple sue landlord over haunted house


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#16    ColoradoParanormal

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Posted 15 April 2012 - 06:42 PM

View PostJa9dreame, on 15 April 2012 - 03:51 AM, said:

I haven't looked into this state or which it's applicable, but some places it is required that the real estate agent (whether renting or selling) is required to disclose if the location is haunted if it is known. This may not apply to this situation since the original owner of the home states he is unaware of any haunting or paranormal activity in the home. I just thought I'd throw that piece in since you were making a statement about other situations where people just "had to deal with hauntings". I only mention this cause I'm studying for my realtors license. This of course is a grey issue and there are lots of stipulations that are neither here nor there regarding this thread :) not to get off topic. Just my 2 cents for what it's worth!

Hey there, I didn't know that. That's rather interesting to me as how on Earth could a court substantiate if a place is "haunted" or not? Or rather, how could court make a ruling about a subject that isn't scientifically verified and is nothing more than here-say. . Seems like nothing more than an "easy out" clause.


#17    nyuk

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Posted 16 April 2012 - 12:47 AM

View PostColoradoParanormal, on 15 April 2012 - 06:42 PM, said:

Hey there, I didn't know that. That's rather interesting to me as how on Earth could a court substantiate if a place is "haunted" or not? Or rather, how could court make a ruling about a subject that isn't scientifically verified and is nothing more than here-say. . Seems like nothing more than an "easy out" clause.

Yeah, thats a good point you made.
How could a court possibly prove a place is haunted or not??

Maybe landlords could put
May possibly be haunted, but possibly not
In the tenancy agreement


#18    susieice

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Posted 16 April 2012 - 12:54 AM

View PostColoradoParanormal, on 15 April 2012 - 06:42 PM, said:

Hey there, I didn't know that. That's rather interesting to me as how on Earth could a court substantiate if a place is "haunted" or not? Or rather, how could court make a ruling about a subject that isn't scientifically verified and is nothing more than here-say. . Seems like nothing more than an "easy out" clause.
I think a realtor would tell a prospective tenant if there had ever been reports of a haunting only so the tenant or buyer would know what had been said. If they go ahead with the transaction anyway, well, they were told. Most people would just ignore it anyways. I wonder if realtors will tell you if a murder or violent death has ever happened in the house.

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#19    msm57

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Posted 16 April 2012 - 03:58 AM

View Postsusieice, on 16 April 2012 - 12:54 AM, said:

I think a realtor would tell a prospective tenant if there had ever been reports of a haunting only so the tenant or buyer would know what had been said. If they go ahead with the transaction anyway, well, they were told. Most people would just ignore it anyways. I wonder if realtors will tell you if a murder or violent death has ever happened in the house.
I hold a Broker's license here in Oklahoma & yes, if the Realtor knows for a fact anything about the house, they are required to reveal it.  The owner is required to reveal known facts.  Tragic deaths would be included, especially if it were from some deadly, highly contagious disease.  
I don't believe I ever studied anything about "hauntings", though.  I agree that this is something that would be difficult to back up in court.


#20    ColoradoParanormal

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Posted 16 April 2012 - 04:27 AM

View Postmsm57, on 16 April 2012 - 03:58 AM, said:

I hold a Broker's license here in Oklahoma & yes, if the Realtor knows for a fact anything about the house, they are required to reveal it.  The owner is required to reveal known facts.  Tragic deaths would be included, especially if it were from some deadly, highly contagious disease.  
I don't believe I ever studied anything about "hauntings", though.  I agree that this is something that would be difficult to back up in court.

How often does a realtor do so though? Honestly?


#21    msm57

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Posted 16 April 2012 - 04:37 AM

View PostColoradoParanormal, on 16 April 2012 - 04:27 AM, said:

How often does a realtor do so though? Honestly?
Realtors should not get caught up with gossip & hearsay, so going around saying "I heard the place was haunted" would be a definite no-no.
All the Realtors I know are as honest as the day is long.  However, they don't often offer up information if it is not specifically asked for.  If asked a direct question that they "for a fact" know the answer to, they are legally obligated to disclose the information. There are documents that must be signed disclosing ALL information/known facts about the home.

http://www.trustmark...onditiondis.pdf

Edited by msm57, 16 April 2012 - 04:45 AM.


#22    kiddglock

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Posted 16 April 2012 - 09:51 AM

View Postmsm57, on 16 April 2012 - 04:37 AM, said:

Realtors should not get caught up with gossip & hearsay, so going around saying "I heard the place was haunted" would be a definite no-no.
All the Realtors I know are as honest as the day is long.  However, they don't often offer up information if it is not specifically asked for.  If asked a direct question that they "for a fact" know the answer to, they are legally obligated to disclose the information. There are documents that must be signed disclosing ALL information/known facts about the home.

http://www.trustmark...onditiondis.pdf
Plus like somebody else said, don't the landlord have an obligation to make sure there are no other "tenants" in the house before renting it?  Seems like these folks don't like bunking up with haints.


#23    George Ford

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Posted 16 April 2012 - 12:28 PM

View PostJa9dreame, on 15 April 2012 - 03:51 AM, said:

I haven't looked into this state or which it's applicable, but some places it is required that the real estate agent (whether renting or selling) is required to disclose if the location is haunted if it is known. This may not apply to this situation since the original owner of the home states he is unaware of any haunting or paranormal activity in the home. I just thought I'd throw that piece in since you were making a statement about other situations where people just "had to deal with hauntings". I only mention this cause I'm studying for my realtors license. This of course is a grey issue and there are lots of stipulations that are neither here nor there regarding this thread :) not to get off topic. Just my 2 cents for what it's worth!

I thought it was murders not hauntings that estate agents had to declare? If it was hauntings then is there some sort of chart that lists things classed as a haunting or not? Like for instance if someone says they saw a ghost does that mean the estate agent must declare it by law or do 'ghost experts' have to investigate and write a report?

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#24    Child of Bast

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Posted 16 April 2012 - 02:38 PM

This is the only thing I could find and it only mentions realtors, not landlords...

Quote

New Jersey's administrative code requires Realtors to inform prospective buyers about any psychological impairment they know about--which includes "murder or suicide which occurred on a property, or a property purportedly being haunted."

Source

I also notice that no one commented on the very end of the original article:

Quote

In 1976, George and Kathy Lutz stirred up similar skepticism over their motives when they claimed that supernatural forces drove them from their new home in Amityville, N.Y., after 28 days.A book about their experiences entitled, The Amityville Horror, was later turned into a 1979 movie starring James Brolin and Margot Kidder.

Where was that movie filmed? In Toms River, N.J.

Coincidence?



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#25    eqgumby

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Posted 16 April 2012 - 03:34 PM

I know some states have rules that require notification to buyers that a home is "notorious" or whatever to be haunted. It's designed to keep people from buying a home that they may never be able to sell again. Purchasing notorious property can be good, or it can be bad. Like, who would want to buy a home, only to find out later that dozens of murders had been committed in that home, and bodies stored in the basement, etc etc.?

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#26    ColoradoParanormal

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Posted 17 April 2012 - 12:11 AM

View PostOffeiriad, on 16 April 2012 - 02:38 PM, said:

This is the only thing I could find and it only mentions realtors, not landlords...



Source

I also notice that no one commented on the very end of the original article:



Hey, thanks for the information. Appreciate the leg work you did there! Also, you said no one commented on the very end of the article? Which part? I've went and re-read it and am curious what you are referring needs attention? The bit about the Amityville horror? Or possibly these people are going to try and write a book as well, thus they are trying to gain national attention and merit for such an event?


#27    Ashotep

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Posted 17 April 2012 - 12:42 AM

If its haunted, can't deal with it, move.  If the landlord knew it was haunted and didn't tell them about it they should get their deposit back.


#28    TDunbar18

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Posted 17 April 2012 - 01:54 AM

Haha Sucks to be them. If I lived in a haunted house, I would stay and investigate

Edited by TDunbar18, 17 April 2012 - 01:58 AM.


#29    puckmomma

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Posted 17 April 2012 - 12:13 PM

I know for a fact FLORIDA is a "full disclosure state" which means that if your house is haunted You must tell the prospective buyers. So what usually happens is the buyers are allowed one night in the house to see how bad it is for themselves. Usually the buyers will bring Paranormal Investigators to find out what kind of haunting it is and if it is tolerable for the family to live there.

I am not sure about Oklahoma but Illinois does not have full disclosure laws including the paranormal.
You know people might think this is funny but I'm sure it is very scary to live in a house that has demon activity or even just paranormal activity. I respect the couple that they bolted out of there.


#30    eqgumby

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Posted 17 April 2012 - 01:03 PM

I believe these laws are really geared towards homes that have a "reputation" rather than an actual haunting. It's rather hard to prove in any court of law that there is such a thing as "haunted".

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