Amongst all the stresses of buying a home, the last thing you want to worry about is if it is haunted. Laws and Property Codes on “stigmatized properties” depend on location and can vary from state to state. Texas does not require agents to disclose such information and according to the Texas Property Code, neither sellers or agents are not required to even disclose deaths on properties that resulted from natural causes, suicide or an accident unrelated to the property's condition. This does not include murders which are required to be disclosed in Texas.
House for Sale: Not Haunted
Texas law required a Seller’s Disclosure Notice of the condition of the property. Items include any defects, items in need of repair, flood zones…etc. Absent from the list is if the home is possibly haunted.
4/15/2021
Does a Real Estate Agent have to disclose if a house is haunted?
Short Answer: No.
Here’s Why:
Only four states, New York, New Jersey, Massachusetts and Minnesota, mention paranormal activity in its real estate disclosure laws:
- In New York, a seller must disclose if a home has a reputation for being haunted.
- In New Jersey, a seller must answer truthfully if a buyer asks if a property has had any paranormal reports.
On the Other Hand, Minnesota and Massachusetts have statutes advising sellers not to disclose to prospective homeowners any paranormal or supernatural activity because it may cause “stigma” or “psychological impact.”
Nine states have laws around the disclosure of a death on the property:
- In California, sellers must disclose a death on the property within 3 years.
- In Alaska, a death within one year must be disclosed.
- In South Dakota, sellers must disclose a homicide on the property.
- In Connecticut, Delaware, Georgia, New Hampshire, New Jersey and South Carolina, sellers must disclose a death on the property only if asked.
So, if you spook easily, best to do some research on a property before signing on the line!
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All information and summaries are intended as informational only regarding legal trends and news. Nothing should be taken as legal advice or legal opinion and readers should seek out advice from legal counsel prior to acting on information provided by this blog.
