03-13-2013, 08:57 AM
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#1
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Franchise Player
Join Date: Oct 2001
Location: Vancouver
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Murder/Suicide Houses
Is it true or just a myth that you can save a lot of money buying a murder and/or suicide house? I have heard of this, but haven't actually seen the evidence.
And if true, is it due to stigma/superstition, or is it just because the family wants to get rid of it fast? If it's the latter, you wouldn't think think the devaluation would be long lasting. If it is the former, does the devaluation last?
Also, does someone selling have to disclose such information?
I was thinking of going this route if the opportunity comes up (assuming there are deals to be had).
Thanks.
__________________
"A pessimist thinks things can't get any worse. An optimist knows they can."
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03-13-2013, 09:45 AM
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#2
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Franchise Player
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I can't imagine this comes up that often. The closest thing I recall is a condo I looked at that had no carpet or flooring of any kind. Apparently the resident was an older man living alone who had fallen over and died, and then not been found until a neighbour complained about the smell. So the carpets came out and a restoration company did some work, and the bank was selling off the condo. (This was in 2009, it was worth less than what he had paid so the estate didn't want it).
Didn't end up buying it. Wouldn't have bothered me, but my wife felt differently. They did disclose the situation to buyers, but I don't think you'd have to, although I'm not positive about that.
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03-13-2013, 10:21 AM
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#3
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Not a casual user
Join Date: Mar 2006
Location: A simple man leading a complicated life....
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I remember looking at a house in the early 90's where the owner had shot himself in the basement with a shotgun. IIRC the family of the son wanted a quick sale with the list price being well below market value. It made sense in the fact that as I was walking towards the house I saw another realtor tell the wife of some husband what had happened with her woofing her cookies on the front lawn.
I never did buy the house as the idea of someone comitting suicide in the basement creeped me out.
__________________
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03-13-2013, 10:31 AM
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#4
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Franchise Player
Join Date: Feb 2006
Location: Toledo OH
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Quote:
Originally Posted by Dion
I never did buy the house as the idea of someone comitting suicide in the basement creeped me out.
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That's probably the reason for a long-term price discount. If I bought a house and didn't know someone was murdered there or committed suicide there I could probably live as peacefully as I could in any other place. But if I knew, it would probably creep me out a bit. One of those cases of 'Ignorance is bliss"
I would also think it would be ethical for realtors to disclose this, because I can imagine a scenario where someone could buy a house without knowing about the murder or suicide, live happily there, and then find out months later from neighbors and be unable to sleep sound or peacefully enjoy the property after knowing.
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03-13-2013, 10:32 AM
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#5
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Has lived the dream!
Join Date: Apr 2004
Location: Where I lay my head is home...
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Course there are some properties that actually go up in price from a INFAMOUS murder or suicide, but those are even rarer still.
Would love to know the actual story about it here in Canada. As Flames Addiction said, is it merely cause of motivated sellers, or does it actually affect value generally?
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03-13-2013, 11:07 AM
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#6
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Unfrozen Caveman Lawyer
Join Date: Oct 2002
Location: Winebar Kensington
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Stigmatized real estate listings
http://www.montrealgazette.com/busin...557/story.html
Debate over disclosure rules on everything from the sale of renovated former grow-ops, to houses that were the scene of violent deaths or suicides, has erupted in several Canadian provinces, pitting protection for buyers against sellers’ rights to command a fair price for their properties.
In 2006, a Quebec court ruled that former NHL great Marcel Dionne didn’t have to disclose that his son committed suicide in the basement of the St-Constant home he’d sold to buyer Sylvie Knight three years earlier. Yet today, sellers are required by Quebec’s real estate watchdog, the OACIQ, to declare not just murders and suicides, but to reveal whether any deaths have occurred in the house at all when they answer the form’s question that asks for the disclosure of “any other factors” related to the value of the home.
http://www.realestatelawyers.ca/disclosure.php
STIGMATIZED PROPERTY DISCLOSURE
Is the seller obligated to disclose if there has been a murder, suicide or ghosts in the property?
NO. There is no "law" in Ontario that requires the seller to provide disclosure of a murder, suicide or ghosts in a property.
However, Realtors are governed by RECO and their local real estate boards which have rules and regulations regarding disclosure and require Real Estate Agents to disclose any material facts that affect the market value of the property. Therefore, if a Real Estate Agent has knowledge of an event such as a murder they are required to disclose such information to the purchaser (in most cases - depending on how long ago the event took place). Real Estate Agents must be careful to avoid misrepresentations, error and concealment of facts.
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03-13-2013, 11:12 AM
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#7
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Unfrozen Caveman Lawyer
Join Date: Oct 2002
Location: Winebar Kensington
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http://calgaryrealestatereview.com/2010/07/06/
With the recent listing and sale of the Dalhousie home that was the site of the grisly murder/suicide, some questions regarding disclosure and “stigmatized” properties may arise. Remember, stigmas are not to be confused with material latent defects which must always be disclosed. For the record, the Dalhousie home was publicly marketed as needing to disclose important information to any potential buyer. (The listing contained: “Please call listing agent (or have your agent contact the listing agent) for property disclosure details.”)
The following article from RECA will help shed more light on stigmatized properties and the role you as a buyer need to play.
Alberta legislation does not define stigmatized properties. It also does not require real estate industry members to disclose events which some may consider as stigmas, unless asked about them.
Buying consumers are advised to carefully consider the areas of concern they have, discuss them with their industry members and ensure the necessary inquiries are made to avoid purchasing a property they will not feel comfortable living in. Sellers should consider the consequences of disclosure compared with no disclosure and seek legal counsel.
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03-13-2013, 11:14 AM
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#8
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Unfrozen Caveman Lawyer
Join Date: Oct 2002
Location: Winebar Kensington
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03-13-2013, 11:17 AM
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#9
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Lifetime Suspension
Join Date: Jan 2010
Location: Calgary
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Not sure if this is true or not.
My aunt used to own a hair salon in the 60's & 70's and had a client that told her there is one street in the community of Shagannapi where an abnormal amount of deaths and suicides occurred over the years.
Rumor has it that the particular area where the street was located was once a significant or sacred place for the first nations people.
Not sure if there is any truth to this, but I found the story interesting.
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03-13-2013, 11:24 AM
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#10
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Lifetime Suspension
Join Date: Jan 2010
Location: Calgary
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Quote:
Originally Posted by troutman
http://calgaryrealestatereview.com/2010/07/06/
With the recent listing and sale of the Dalhousie home that was the site of the grisly murder/suicide, some questions regarding disclosure and stigmatized properties may arise. Remember, stigmas are not to be confused with material latent defects which must always be disclosed. For the record, the Dalhousie home was publicly marketed as needing to disclose important information to any potential buyer. (The listing contained: Please call listing agent (or have your agent contact the listing agent) for property disclosure details.)
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This home ended up selling in 2010 for $360,000.
A recent City Assessment pegged the market value at over $450,000 (not withstanding the City Assessment does not factor into the Stigma attached to the home).
I find it interesting that only 3 pictures were posted on the listing. Even when the property was put up for sale again shortly after being sold
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03-13-2013, 12:49 PM
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#11
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Powerplay Quarterback
Join Date: Apr 2006
Location: Mahogany, aka halfway to Lethbridge
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I actually did a bit of research on this issue a few months ago for a seminar/meeting. There have been developments in the law relating to disclosure in Ontario that affect the answer I would have given in the thread that troutman linked to above. Here's a summary of my meeting notes...
Stigmatized properties revisited
- some recent Ontario litigation has made stigmatized properties a hot topic once again, but unfortunately it's becoming less clear rather than more.
- when we talk about stigmatized properties we usually mean a property that has some history or feature that may make it undesirable to a certain set of buyers, but generally wouldn't qualify as a defect of the property itself. (e.g. someone was killed in the property, the property was a former grow op that has been fully remediated, the house contained lead paint or asbestos at one time which has since been removed)
- unfortunately, some ongoing cases in Ontario threaten to label some forms of what we would normally think of as a stigma as a latent defect actionable by a buyer in the event of non-disclosure by the Seller.
- the particular cases in Ontario both deal with situations in which Buyers (with small children) entered into a contract to purchase a house where the Sellers did not disclose that there was a person convicted of possessing child pornography living in the immediate vicinity.
- in one case it is asserted that this fact was 'common knowledge' in the neighborhood, but it is not completely clear that the Sellers did know. With this type of scenario I would have expected it to be very difficult for the buyer to get far in a lawsuit based on the principle of caveat emptor and the fact that this 'defect' wasn't a defect of the property itself that made it uninhabitable or not what the Buyers thought they were getting. There is nothing wrong with the property itself, it is a fact about the neighborhood that is alleged to be a latent defect.
- a preliminary application was made in the case to have it thrown out on the basis that the case did not have basis known to law. I would have a expected a reasonably good chance of having the case thrown out on that basis, but the judge decided that the case had enough merit to go forward.
- allowing this case to go forward is what really makes this an unknown quantity. If knowing that a sex offender lives in the community is deemed to be a latent defect of the property it becomes very difficult to predict what other circumstances of the community might be deemed to be a latent defect. What if the buyers are older people without children? What if the property itself has never been a grow op, but the house next door has been? What if a woman was killed in the house three doors down or at the other end of the block and the prospective buyer is a young single woman? It is unclear what kind of a precednet this would set for assessing the difference between a stigma and an actionable defect.
- if the principle of latent defects is actually extended to circumstances about neighbouring properties or the community, or unprovable issues about the property such as alleged hauntings, it could have a serious depressing effect on a homes value as it gives a buyer an excuse to lowball even if they personally don't care about the issue. I would prefer to see this type of thing remain a matter of buyer's due diligence. However, there is no clear answer. and if your seller does know about some kind of stigmatism relating to a nearby property or their own the best advice at the moment may be to counsel them that the law is unclear at the present time. If they disclose to prospective buyers, they certainly avoid the risk of being sued at a later date, but they also are potentially weakining their bargaining position substantially. If directly asked by a prospective buyer they are certainly obligated to disclose any potential stigma they are asked about.
- if the Seller actually a discloses a stigma to you as the Realtor it puts you in a difficult position as well. If the seller instructs you not to disclose, even if asked directly you must advise them that you have an ethical obligation to disclose once you know if you are asked.
- The second Ontario case I was referring to earlier involves a very similar set of facts. The only significant difference from what I have read is the the Sellers were actually Realtors themselves. While this case also has not been finalized, there seems to be a strong consensus that the Sellers will likely be liable for non-disclosure of the sex offender nearby because of the Realtor's disclosure obligations under the Ontario equivalent of our Real Estate Act when a realtor divests themselves pf property. When selling one of your own properties, you may have an active duty to disclose stigmas.
- counsel for the Canadian Real Estate Association takes the same view as I do, that stigma should generally be a matter for Buyer's due diligence, but remains an open question and should be dealt with carefully.
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onetwo and threefour... Together no more. The end of an era. Let's rebuild...
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03-13-2013, 01:19 PM
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#12
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Unfrozen Caveman Lawyer
Join Date: Oct 2002
Location: Winebar Kensington
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Just had lunch with a senior Calgary realtor. He said his practice would be to disclose.
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03-13-2013, 01:34 PM
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#13
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Powerplay Quarterback
Join Date: Apr 2006
Location: Mahogany, aka halfway to Lethbridge
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You get lunch?!? I'm jealous...
__________________
onetwo and threefour... Together no more. The end of an era. Let's rebuild...
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03-13-2013, 01:38 PM
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#14
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Unfrozen Caveman Lawyer
Join Date: Oct 2002
Location: Winebar Kensington
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Quote:
Originally Posted by onetwo_threefour
You get lunch?!? I'm jealous...
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I'll take you for lunch!
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03-13-2013, 01:56 PM
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#15
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Lifetime Suspension
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I am not religious or superstitious by any stretch. But there was a triple axe murder in Lake Bonavista, just a couple blocks from my folks place, and just walking past that house makes me feel uncomfortable knowing the horror that went inside there. Like full on Overlook Hotel stuff. I personally think a place like that should be bulldozed, and a park put up or something. How someone can live in there to save a hundred bucks a month on a mortgage payment is beyond me.
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03-13-2013, 02:02 PM
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#16
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My face is a bum!
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Quote:
Originally Posted by pylon
How someone can live in there to save a hundred bucks a month on a mortgage payment is beyond me.
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They house didn't kill anyone
I'm sure you drive through many intersections where people lost their sons and daughters in horrific traffic accidents all the time.
I'm sure we've all stayed in a hotel room where something horrible has happened.
For someone that doesn't know the victims and wasn't around when it happened, I can see it being no big deal.
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03-13-2013, 03:08 PM
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#17
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Closet Jedi
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Quote:
Originally Posted by troutman
STIGMATIZED PROPERTY DISCLOSURE
Is the seller obligated to disclose if there has been a murder, suicide or ghosts in the property?
NO. There is no "law" in Ontario that requires the seller to provide disclosure of a murder, suicide or ghosts in a property.
However, Realtors are governed by RECO and their local real estate boards which have rules and regulations regarding disclosure and require Real Estate Agents to disclose any material facts that affect the market value of the property. Therefore, if a Real Estate Agent has knowledge of an event such as a murder they are required to disclose such information to the purchaser (in most cases - depending on how long ago the event took place). Real Estate Agents must be careful to avoid misrepresentations, error and concealment of facts.
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LOL at the ghosts part.
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Gaudreau > Huberdeau AINEC
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03-13-2013, 03:10 PM
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#18
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Franchise Player
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Yeah, I'm not sure what I would do if I got a disclosure from a seller of a property that it had a ghost.
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03-13-2013, 03:19 PM
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#19
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Franchise Player
Join Date: Jul 2005
Location: SW Ontario
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Quote:
Originally Posted by bizaro86
Yeah, I'm not sure what I would do if I got a disclosure from a seller of a property that it had a ghost.
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I would do a happy dance myself. I am intrigued by paranormal stuff, that would be a selling point for me. As far as living in a murder house, no big deal to me.
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03-13-2013, 03:24 PM
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#20
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Franchise Player
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No chance I would buy one, even if it came at a considerable discount.
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