I’m not quite sure what to make of this:
Sue recently purchased a new home. She writes that she closed on the house … and then learned that the previous owner had committed suicide somewhere inside it. She wouldn’t have bought the house had she known. The real estate agents claim that they weren’t aware of the situation, but if they had, did they have any moral obligation to tell her?
They didn’t have any legal obligation. The pertinent Massachusetts General Law (Chapter 93, Section 114):
The fact or suspicion that real property may be or is psychologically impacted shall not be deemed to be a material fact required to be disclosed in a real estate transaction. “Psychologically impacted” shall mean an impact being the result of facts or suspicions including, but not limited to, the following:
(a) that an occupant of real property is now or has been suspected to be infected with the Human Immunodeficiency Virus or with Acquired Immune Deficiency Syndrome or any other disease which reasonable medical evidence suggests to be highly unlikely to be transmitted through the occupying of a dwelling;
(b) that the real property was the site of a felony, suicide or homicide; and
(c) that the real property has been the site of an alleged parapsychological or supernatural phenomenon.
No cause of action shall arise or be maintained against a seller or lessor of real property or a real estate broker or salesman, by statute or at common law, for failure to disclose to a buyer or tenant that the real property is or was psychologically impacted.
Notwithstanding the foregoing, the provisions of this section shall not authorize a seller, lessor or real estate broker or salesman to make a misrepresentation of fact or false statement.
The Oklahoma law (O.S. Title 59, Section 858-513) is similar, at least as regards items (a) and (b). (Soonerland presumably ain’t ‘fraid of no ghosts.) In California, however, crimes within the past three years must be disclosed, and the result is often a lower price:
For example, the condo residence in the Los Angeles area where Nicole Simpson and friend Ronald Goldman were murdered was initially on the market for $795,000. It eventually sold for $595,000. The house where O.J. Simpson lived in Brentwood couldn’t be sold and was finally torn down.
The property where 39 Heaven’s Gate cult members committed suicide in San Diego County sold for less than half its listed price.
Nicole Simpson’s house, in fact, took two years to sell; the new owner remodeled it extensively and petitioned for a new street address to be assigned. (This is not unheard of in Los Angeles. Ronald and Nancy Reagan, after leaving Washington, moved into Bel-Air, at 666 St. Cloud Road; Nancy didn’t like the number at all, and eventually it was changed to 668. Across the street, if you’re curious, is 657.)
I once suspected one of the CrappiFlats™, perhaps the very one I lived in at the turn of the century, had been the location of some sort of killing; but hey, that was a rental, and geez, look at the neighborhood, what was I expecting? It wasn’t exactly Bel-Air.
I don’t know what I’d do were I in Sue’s circumstances. Officially, I snicker; late at night, though, every little noise speaks something to the contrary directly into my subconscious.