Buying or Selling a Home/Disclosures

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Expert: - 1/31/2009


Question
Dear Todd,

Thank you in advance for providing this very helpful free service.

I want to sell my house. However, it is "haunted." I've lived here for nearly 10 years and it hasn't been violent or horrible or anything like that, but it is definitely haunted -- everyone notices it who stays here beyond five hours or so -- my pets notice it, I'm used to it, but I want to know whether I am required by law to include this information to my realtor (I haven't put it up for sale yet). I know of certain "disclosures" such as a house where a murder or suicide occurred is necessary, but I've never come across any definite information about the haunting issue.

Do you know if there is any regulation regarding this, and if so, is it on a state-by-state basis? Should I contact my local Real Estate Commission or a state agency to find out?

Thanks so much,
Elizabeth


Answer
Hello Elizabeth - Each state has different laws regarding disclosure. In AZ as a seller you DO NOT have to disclose violent crimes, AIDS, sex-offenders, etc as this requirement in AZ was overturned years ago. Unfortunately, since Haunted Houses are not part of the disclosure you would have to consider whether a house being haunted was pertinent information that if the buyer knew would effect the consideration paid or the decision to purchase. I would imagine the answer would be yes. Therefore, you would need to disclose this fact. I recommend that you check your local and state regulations or contact a local REALTOR and request an email or some documentation supporting their interpretation. Of course, there is another perspective... that can turn a potential negative into a positive... HOW you market your home will be the key to overcoming this potential stigmatizm. Contact your local television station and tell the desk editor about your situation... this might be the kind of story they are looking for to fill a night when the headlines of a haunted house would be the top story! There has been success using this strategy in the past and since it was surrounding the desire to sell your home it generated significant exposure and attracted those buyers who don't care about this issue. I think you are on the right track already. Let me know if I can be of further assistance. - Todd

Buying or Selling a Home

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Todd C. Menard

Expertise

National Association of Realtors Code of Ethics and Professional Standards * Contract Questions: 05/05 Arizona Real Estate Purchase Contract, Exclusive Buyer Broker Contracts, Listing Contracts and associated contract documentation as it relates to boilerplate, covenants, contingencies, procedures and procedures. * ARMLS Arizona Regional Multiple Listing questions * Real Estate Professional Standards and Practices, Ethics, Obligations, Duties * Agency relationships in Arizona, Procurring Cause * Questions typicaly arising during the listing period * Questions typically arising during the escrow period * Questions about working with a real estate agent/REALTOR * Questions Related to New Home Builders

Experience

National Association of REALTORS Board of Director (2011) Arizona Real Estate Salesperson License (1991-1995), Arizona Real Estate Brokers License (1995-Present), Arizona Association of REALTORS Board of Directors (2008-Present), Arizona Association of REALTORS Professional Standards Committee (2008-Present), AAR Certified NAR Code of Ethics and Professional Standards Instructor, Southeast Valley Regional Association of REALTORS President-Elect (2011) Southeast Valley Regional Association of REALTORS Board of Directors (2008, 2009), Southeast Valley Regional Association of REALTORS Grievance Committee Chairperson (1998-2007), Southeast Valley Regional Association of REALTORS Bylaws Committee (2008-Present), Southeast Valley Regional Association of REALTORS Education Committee (2008), Arizona Association of REALTORS Forms Committee - Residential Purchase Contract (2005), Arizona Association of REALTORS Forms Committee - Residential Rental Agreement (2008), Arizona Association of REALTORS Forms Committee - Buyer Broker Agreement (2009), Arizona Association of REALTORS Presidents Advisory Group, Road to Professionalism (2009), Arizona Association of REALTORS GRI Curriculum Review Committee (2009), Arizona Department of Real Estate, Commissioner's Education Advisory Group Sub-Panel B (2010) Arizona Department of Real Estate, Commissioner's Statute and License Review Committee (2007)

Organizations
National Association of REALTORS, Arizona Association of REALTORS, Arizona Real Estate Educators Association (AZREEA), Arizona Regional Multiple Listing System (ARMLS), American Notary Association, Southeast Valley Regional Association of REALTORS (SEVRAR), Southeast Valley Regional Association of REALTORS Women's Council of REALTORS (2010-Present), Phoenix Association of REALTORS (1994-2000, 2005-2009), Scottsdale Association of REALTORS (1994-2000, 2005-2009), Maricopa/Glendale Association of REALTORS (1994-2000, 2005-2009),

Publications
"Real Estate in 2008"- Lifebushido Publishing (Contributory Author), SEVRAR Magazine, Internet Crusade, RealTown ListServe, Blogger.com, Active Rain

Education/Credentials
- AAR Certified Ethics and Professional Standards Instructor, Graduate REALTOR Institute (1993), Certified Negotiation Expert (CNE), Over 100 Hours of annual real estate continuing education, Annual Ethics and Professional Standards Development Workshops as required by the National Association of REALTORS, Approx. 36 hours of NAR Code of Ethics training annually, Numerous IDW, Seminars and Train the Trainer programs, Business Management Degree - 1981

Awards and Honors
2009 REALTOR of the Year Award, Southeast Valley Regional Association of REALTORS (10,000+ Members), Double Platinum Production Award ($45,000,000 Sales Volume)- Keller Williams Realty Int'l (2001), Top 15 Sales Production Keller Williams Realty International (2001), Top 5 Sales Producation Keller Williams Realty Southwest Region (2001), Top Recruiter Award - Keller Williams Realty Int'l, SW Region (2002), Who's Who in U.S. Executive (1983), Who's Who in U.S. Real Estate Professionals (2007)

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