October 26th, 2017 8:49 AM by Kathy McDevitt
"Do sellers have to warn potential buyers if they think their house is haunted? Do you have to disclose if someone died in the house?"
I’ve been asked these questions often enough over the years. The short answer is NO…not according to Massachusetts Disclosure Laws.
Section 114: Real estate transactions; disclosure; psychologically impacted property
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 bottom line is that sellers aren’t obligated to disclose hauntings or deaths in the property unless directly asked. But c'mon people..sellers and agents are required to be truthful! So ask the right questions. If ghosts or deaths in the house is a concern for you when purchasing a property ...then be sure to ASK!