When stories surround a house, making people hesitant about wanting to live in it, it is called a stigmatized property. Homicide, poltergeists, and many such tales can cause a property to be frightening and unwanted. If the previous owners had AIDS, or any other such illnesses, this too can cause buyer avoidance.
As of the year 2001, 31 states had laws pertaining to stigmatized properties. Disclosure regarding a stigmatized home was not required by the majority of those laws. Something which may be damaging to the structure has to be told to buyers, but superstitions, diseases and such did not have to be shared.
For those states that do not offer exemption to the seller on stigmatized properties, it can be difficult. You may not have to share it, if the stigmata is merely a rumor. You may not be allowed to tell if the previous occupants had HIV, since the federal housing laws protects these individuals as though they were disabled.
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Mentioning to the homebuyer that they should research the home’s history may be the best answer. You should remember in cases such as murder or suicide it is easy to get verification. News stories at the public library will easily show the truth.
Houses with these concerns should likely be revealed. Since the new homebuyer can find out so easily, go ahead and inform them. A new homebuyer cannot use a past homicide or suicide in the home as an excuse to back out of the deal, if you can prove that you had already disclosed that to them.
If negativity might affect the sale of your house, research your state laws on disclosure. If disclosure is your state’s law, then you should be sure the rumors are valid. Only then can make an intelligent decision whether or not to disclose that information to the buyer. Always remember, in cases where the buyer asks, it is your duty to be honest.
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