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Tag: haunted house

For sale: Haunted house

Every year I try and write a light column at the end of October about disclosure of what I’ll call “stigma­tized properties.” Last year, I skipped this topic for about three weeks since most of us were in the middle of flood and hurricane cleanup and there was nothing funny about any of it. This year, however, is a totally different story and with a little bit of luck, next year we won’t have any hurricanes to write about – so on to the paranormal.

In most U.S. states, sellers are not legally required to disclose alleged paranormal activity unless they have a history of marketing the property as haunted. However, some states like New York, New Jersey and Massachu­setts have specific laws, and a seller’s disclosure is mandatory if asked directly, since failing to answer truth­fully can have legal consequences. In addition, some states may require disclosure for certain types of deaths, like murder or suicide, regardless of paranormal claims.

The best way to handle a property that may be stigmatized or has a repu­tation for being haunted is to answer a buyer’s question truthfully to the best of your knowledge and ability. Stigma­tized properties can impact their value and could lead to a lower sale price even if there is no proof of paranormal activity, so just like everything else in your home, honesty is the best policy. Also, if you have any concern about paranormal activity in your home or a home you’re interested in buying, check the state’s disclosure laws.

But what about Florida laws regard­ing paranormal activity? Florida does not require sellers to disclose para­normal activity in a home. Florida law mandates the disclosure of “material facts” that affect a property’s value, but it does not consider hauntings, deaths or crimes as material facts legally requiring disclosure. Buyers who may be concerned about such issues must talk to sellers directly, and sellers should be transparent about what they know, if anything, on this topic.

In addition to paranormal activity, Florida law does not require sellers to disclose deaths at the property, in­cluding homicide or suicide. Crimes committed on or near the property also do not need to be disclosed. And nearby sexual offenders do not need to be disclosed. This information is available to buyers by checking public databases or asking their attorney to do so.

Basically, Florida requires disclosure of material defects like roofs, electri­cal systems, appliances, consistent flooding, hidden mold and a variety of other material defects that could affect the value of a property.

Paranormal activity, no matter how much it may be a reality to some people, is not considered a material de­fect by the state of Florida. And if some of those crazy Northeastern states want to make laws about paranormal activity in properties for sale or include it on their disclosure forms, well, best I don’t comment on their decisions.

I think it would be a great year to dress up for Halloween and enjoy the fantasy of the holiday. If you happen to see a ghost or poltergeist, just remember they’re not a material defect, no matter how real they look. Always answer questions about your home truthfully and you’ll be fine. Happy Halloween.

Castles in the Sand

Resident spirit or creaking house?

Halloween is this weekend, so it’s time to discuss the prospect of your house having a real live spirit who has taken up residence. Well, maybe not real live, but a spirit with an agenda.

Many homeowners believe they are sharing their homes with a spirit. They may see actual images or something that looks sort of like a spirit, or they may hear unusual sounds or talking. I’m not here to tell you that there are no such things as spirits who refuse to leave what once was their home, but chances are what you’re hearing are normal sounds and noises unique to every home.

When you move into a new house, it may take a while to figure out that the dripping noise you’re hearing isn’t your roof about to collapse, but the condensation from your air conditioning system. Likewise, houses – especially new construction – may take a while to settle. If you hear what you swear are footsteps from the upstairs bedrooms it may be just the wooden framing taking a little stretch and not the inhabitants of the Indian burial ground next door.

On the other hand, sounds could be a subtle warning of impending problems. Appliances are notorious for creating noise when something in the motor is thinking about giving up. Loud compressors in your refrigerator and dishwasher pumps that you’re starting to just notice could be a warning, as well as the never-ending running toilet.

There are so many noises coming into your home from outside sometimes it’s hard to tell if it’s in the house or out. Trees and bushes scratching the windows, small animal claws and pecking birds can certainly drive you crazy. If you live on the water, get used to boat engines, snorting dolphins and jumping fish – it’s all part of the charm and not part of a haunting.

There are, however, homes where the owner truly believes and may even have proof of hauntings. The house used in the movie, “The Conjuring,” in Rhode Island is currently on the market. The present owners have turned their home into a little business by allowing paranormal investigators to spend the night on the property. It’s apparently a nice little business and one they hope to pass on to the new buyers.

One thing that’s not haunted are the Manatee County property values, so here are September’s from the Realtor Association of Sarasota and Manatee:

Single-family homes closed 4.5% fewer properties than last September. The median sale price was $430,000, up 22.9% from last year, and the average sale price was $580,073, up 21.9% from last year. The median time to contract was 48 days, down 29.4% from last year, and the month’s supply of properties is .08 months.

Condos closed 26.4% fewer properties than last September. The median sale price was $285,000, up 29.5% from last year, and the average sale price was $321,810, up 6.9% from last year. The median time to contract was 6 days, down 85% from last year and the month’s supply of available properties was 0.6 months.

Cash offers are still very dominant in the single-family market, up 53.4%, however, condo cash offers dipped a little – by 6%. September was a slower month, not untypical for this time of year, with sale prices a little flat but with inventory so low we can expect that to turn around quickly as the season begins in full force. The Realtor Association of Sarasota and Manatee is calling September the “calm before the storm,” so get ready for another record-setting real estate season.

As far as your current home, understand your home’s sounds and investigate anything that sounds out of whack before calling the ghostbusters. Enjoy Halloween and the friendly goblins at your door.