- Stigmatized property
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In real estate, stigmatized property is property which buyers or tenants may shun for reasons that are unrelated to its physical condition or features.[1] These can include murder, suicide or even AIDS,[2] in addition to a belief that a house may be haunted. The concept is controversial.
Famous homes, such as those used in television productions or filmmaking, can also be stigmatized by increased traffic from fans wanting to see the house in person. One such home is the house at 112 Ocean Avenue in Amityville, New York, made famous in the film The Amityville Horror. In this house, Ronald DeFeo, Jr. murdered his family. The Lutz family claimed that, a little over a year later, evil spirits drove them from their home; their claims have been "authenticated" by the Catholic Church[citation needed] and by paranormal investigators Ed and Lorraine Warren. The late Hans Holzer also maintained to his dying day that the spirit of a long-dead Indian chief haunts the property. Since the film's release, the house has been renovated and the address changed in an attempt to prevent sightseers from disturbing the neighborhood.
It is argued that the seller has a duty to disclose any such history of the property. This, in practice, falls into two categories: demonstrable (physical) as well as emotional. These guidelines vary from state to state.
Contents
Legal status
At least in the United States, the principle of caveat emptor ("let the buyer beware") was held for many years to govern sales. As the idea of an implied warranty of habitability began to find purchase, however, issues like the stigma attached to a property based on acts, "haunting", or criminal activity began to make their way into legal precedents.[3]
In Stambovsky v. Ackley the New York Supreme Court, Appellate Division, affirmed a narrow interpretation of the idea of stigmatized property. The court held that since the property in question was previously marketed by the seller as a "haunted house" he was estopped from claiming the contrary. The majority opinion specifically noted that the veracity of the claims of paranormal activities were outside the purview of the opinion. Notwithstanding these conclusions, the court affirmed the dismissal of the fraudulent misrepresentation action and stated that the realtor was under no duty to disclose the haunting to potential buyers. Several states have created specific statutes in the US adding "stigmatised property" verbiage to their legal code.
Types of stigma
Many jurisdictions recognize several forms of stigmatized property, and have passed resolutions or statutes to deal with them. One issue that separates them is disclosure. Depending on the jurisdiction of the house, the seller may not be required to disclose the full facts. Some specific types must always be disclosed, others are up to the jurisdiction, and still others up to the realtor.[4]
The types include:
- Public stigma : when the stigma is known to a wide selection of the population and any reasonable person can be expected to know of it. Examples include the Amityville Horror house and the home of the Menendez brothers. Public stigma must always be disclosed, in almost all American and European jurisdictions.
- Criminal stigma: the property was used in the ongoing commission of a crime. For example, a house is stigmatized if it has been used as a chop shop, drug den or brothel. In the case of drug dens, some drug addicts may inadvertently come to the address expecting to purchase illegal drugs. Most jurisdictions require full disclosure of this sort of element.
- Murder/suicide stigma: Some jurisdictions in the United States require property sellers to reveal if murder or suicide occurred on the premises. California state law does if the event occurred within the previous three years. To protect sellers from lawsuits, Florida state law does not require any notification (see FL statute 689.25: "Failure to disclose homicide, suicide, deaths, or diagnosis of HIV or AIDS infection in an occupant of real property").[2]
- Debt stigma: Debt collectors not aware that a debtor has moved out of a particular residence may continue their pursuit at the same location, resulting in harassment to innocent subsequent occupiers. This is particularly pronounced if the collection agency uses aggressive tactics.
- Phenomena stigma: Many (but not all) jurisdictions require disclosure if a house is renowned for "haunting", ghost sightings, etc. This is in a separate category from public stigma where the knowledge of "haunting" is restricted to a local market.
- Minimal stigma is known to, or taken seriously by, only a small select group, and such a stigma is unlikely to affect the ability to sell the property; in such a case, realtors may decide to disclose this information in a case-by-case basis.[5]
See also
References
- ^ http://www.ncrec.state.nc.us/bulletin/spring92bulletin/answerline.htm
- ^ a b "http://flsenate.gov/laws/statutes/2011/689.25". http://flsenate.gov/laws/statutes/2011/689.25. Retrieved November 17, 2011.
- ^ Katherine A. Pancak: Connecticut Real Estate Practice and Law, pp. 194–195. Dearborn Real Estate Education, 2004. ISBN 1-4195-0167-4, 9781419501678.
- ^ John W. Reilly: The Language of Real Estate, pp. 312–315. Dearborn Real Estate Education, 2000; ISBN 0-7931-3193-6, 9780793131938.
- ^ Jean Stites: Adventures in Real Estate, page 92. Lulu.com, 2004; ISBN 1-4116-0560-8, 9781411605602.
External links
Categories:- Real estate terminology
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