Home sellers aren't required to divulge the 'psychological defects' of a home's history, but many real estate agents would encourage them to be transparent.
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| Carol Karotko, left, looks through a home in Springfield Township with Lee Trite, a real estate agent with Keller Williams. Karotko is considering a move to southern York County. In December, Pennsylvania Superior Court reaffirmed that sellers are not required to disclose to a buyer if a violent crime occurred on a property. No such crime occurred in the home toured by Karotko and Trite. In general, many agents recommend being transparent to a prospective buyer. (YORK DAILY RECORD/SUNDAY NEWS - PAUL KUEHNEL) |
The ticket manager at the Pullo Family Performing Arts Center plans to move from her Mount Joy rental to a more permanent residence, preferably one close to her job.
Whenever she comes across an interesting house, she takes the extra step of running the address through Google.
Patton's not looking for the number of bedrooms or for the size of the backyard.
She already has that data.
Her research extends to the reputation of the home, or, more specifically, its history of violence.
"If I did find that a violent crime has occurred in a house, I don't think I would be interested in it," she said. "I wouldn't be comfortable living in a place if I knew something of a violent nature occurred there. I think a house can carry negative energy if something violent occurred there."
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| Carol Karotko, left, a prospective home buyer,talks about the amenities of a home for sale in Springfield Township with real estate agent Lee Trite of Keller Williams. (YORK DAILY RECORD/SUNDAY NEWS - PAUL KUEHNEL) |
Last month, the Pensylvania Superior Court reaffirmed that home sellers are not required to reveal any "psychological defects" associated with a property, according to court documents.
The court's findings were based on a 2008 case in which Janet S. Milliken claimed she was a victim of fraud when the sellers of her Delaware County home did not make her aware of a murder/suicide that had occurred on the property.
Under the state's real estate disclosure law, sellers must inform buyers of material defects, such as the condition of a roof, a basement or the home's electrical system.
"In doing so, the (law) demonstrates that the Legislature did not intend that sellers be legally required to reveal something such as physiological damage from a murder/suicide," according to court documents.
Still, most local real estate agents encourage home sellers to be up front with buyers, especially if the property has a sordid past.
"I understand what the court is saying, but I do think a home's past should be revealed," said John LeCates, the 2012 president of the Realtors Association of York and Adams Counties. "If I did get a listing that involved a violent crime, I would sit down with sellers and talk about possibly disclosing the information. With the Internet, most people know about a house before they get to it."
Andy Collins, owner of Morgan-Collins in York, follows a similar philosophy.
About eight years ago, Collins received a listing for a house in Dover Township, the site of double homicide in which a son had been convicted for killing his parents.
Before Collins put the property on the market, he and an attorney decided that they would disclose the crime by making a notation on the sellers disclosure form.
"We did it as a precaution and as a courtesy," Collins said. "I didn't want a buyer finding it out from the neighbors. We didn't want that misunderstanding. I didn't want a prospective buyer to come back and ask why we didn't reveal it from the beginning."
In the end, the people who bought the home were already aware of the crime, he said. The murders had no bearing on the price or the length of time the property was on the market, Collins said.
"There is nothing wrong with full disclosure," he said. "It can't hurt."
Patton said agents and sellers should be prepared to tell buyers everything about a property, good or bad.
"I think honesty is a huge deal when you're spending that much money on something," she said.
About 10 years ago, Lee Trite, an agent with Keller Williams in Springettsbury Township, sold a house in York that had been the scene of a murder.
When she first toured the property, a blood stain still appeared on the floor.
Even though she and the seller did not disclose the crime at the time of that sale, Trite's practice is to encourage all information about a house be revealed, especially if she is working for the buyer.
"There is a responsibility on the part of the buyers' agent to find all information about a home, especially if it's public record, and to tell the buyer," she said.
Carol Karotko of Mount Bethel plans to move to southern York County and has spent hours walking through local homes.
Karotko met with Trite last week to tour a few prospects.
"You have the right to know about the physical and emotional aspects of a home," she said. "A buyer has to decide, they have to weigh the pros and cons of a property."
What does a seller need to disclose?
Under the Real Estate Seller Disclosure Law, a seller must reveal details that cover the physical structure of a house, its components, potential legal impairments attached to the property and any hazardous substances at the site, according to court documents.
Here's a short list of what sellers need to disclose to buyers:
- When was the property most recently occupied?
- When was the roof installed?
- Does the property have a sump pump?
- Are you aware of any water leakage, accumulation or dampness within the basement or crawl space?
- Are you aware of any termites/wood-destroying insects, dryrot or pets affecting the property?
- Is your property served by sewage system?
- Are there any metal/steel septic tanks on the property?
- Are there any fireplaces?
- Does the electrical system have fuses?
- Do you access the property from a private road or lane?
Source: www.parealtor.org
Facebook sound-off
The York Daily Record/Sunday News asked its Facebook followers, "Would you buy a house that was a site of violent crime? Should a seller divulge that information to prospective buyers."
Here's what they had to say:
- "I would if it was less expensive than market value, absolutely." - Amber Roth DeGrace.
- "I believe that should be disclosed on the sellers disclosures as that might make a person not want to buy the house. Some people might be OK with it but they should have the right to know." -Sharon E. McMaster.
- "I guess it's gonna be up to the buyers to make sure, they certainly aren't getting the good end of the deal in this. - Nicholas Holder.
- "I would suggest doing a Google search of the address or the block. I would think a murder would pop up as it would have been in the news. I can't say I would be completely comfortable buying a house where a murder or suicide took place. It's definitely a buyer beware situation." - Angela Staples.
- "My ghosts follow me whenever I move." - Caveman Dan.
Where to look for information
Last month, Pennsylvania Superior Court reaffirmed that home sellers are not required to reveal any "psychological defects" associated with a property, according to court documents.
That leaves the buyer and the buyer's agent with the job of researching the history of a home and its surrounding neighborhood.
Here are some tips for those taking on that task:
1) Speak with neighbors. Ask questions about both the house and the neighborhood.
2) Run the property's address through an online search engine such as Google or Yahoo!
3) Check public records such as court filings and local media accounts.
Source: John LeCates, the 2012 president of the Realtors Association of York and Adams Counties.
source: ydr
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