October 28th, 2019 at 11:51 am

Question: I am a co-listing agent on a home. The seller is a bit wacky. He claims he has ghosts in his house. My co-agent says it’s ridiculous for us to tell the seller to disclose ghosts to a prospective buyer, because ghosts are not real. But I have always been told, “when in doubt, disclose.” Should the seller disclose the ghosts? 

Answer: Yes, that’s a good idea. Whether the presence of ghosts is a “material fact” requiring disclosure is highly debatable, of course. That legal decision will ultimately be made, if needed, by a judge, jury, or arbitrator, based on whether the presence of ghosts is a material fact that affects the value or desirability of the home. However, a realtor.com survey found that 42% of 1,000 people surveyed said they would not live in a haunted house. Given that statistic, it makes more sense for the seller to just disclose upfront, rather than wait to see what a judge, jury or arbitrator decides.

-Happy Halloween everyone! Trick or treat, smell my feet, give me something good to eat!

Copyright© 2019 Berkshire Hathaway HomeServices California Properties (BHHSCP). All rights reserved. Any unauthorized reproduction or use of this material is strictly prohibited. This information is believed to be accurate as of October 28, 2019. It is not intended as a substitute for legal advice in individual situations, and is not intended to nor does it create a standard of care for real estate professionals.

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