Home disclosures: Murders and ghosts count

YOUNGSTOWN, Ohio (WKBN) – With the hot housing market across the country, many buyers are foregoing inspections and making offers on homes they’ve really not had time to vet.

A property disclosure form is the first line of defense in figuring out the scars your new home comes with, but there are some things that must be disclosed and others that may get swept under the carpet.

In Ohio, disclosures must include a known defect, upgrades and repairs. This includes issues with plumbing, HVAC, electrical, structural issues, insects, health hazards such as lead paint, flood dangers, well and water issues, etc.

But did you know that other disclosures could include things such as noisy neighbors, murders, violent crimes and even paranormal activity? According to Zillow, the rules vary by state but even in Ohio, while you don’t have to disclose a murder, if a buyer asks, you should tell, especially if it’s a death that stigmatizes a property.

Arizona requires that you list “all material facts” about a home that may negatively affect the value. That could include hauntings and paranormal activity or if an exorcism has been done in the house. While a haunting can’t be proven in any legal sense, a wide public perception that the home is haunted could be cause for a buyer to back out or sue. A New York case gave a buyer back their money after a court ruled that the “caveat emptor (buyer beware) didn’t excuse a seller’s failure to disclose that the home at issue was allegedly haunted.”

Many of the iffy disclosures rarely come into play unless the buyer wants to back out or sue the seller. Real estate experts advise that if you know of something that may be a factor, it is best to disclose it rather than have it come up later. So, if you are not sure if you should disclose something, you probably should.