This article focuses on stigmatized properties and exactly what disclosures, if any, are required. Basically, a stigmatized property is one where some event produces more of a psychological impact rather than a physical impact or defect. Property may be stigmatized by events like murder, suicide, or drug-related arrest or the property may be considered haunted by ghosts or spirits. Stigmatized property also includes those premises on which a famous person may have once lived.
Although the Florida legislature has enacted laws regarding the disclosure of stigmatized property, practitioners should suggest to sellers that disclosure of such matters might prevent future litigation. Licensees may also wish to use a disclosure statement recommending that buyers consult a variety of resources for information on issues affecting resale or intrinsic value.
In Florida, Chapter 689.25(1), F.S., provides that the fact a property was the site of a homicide, suicide, or death is not a material fact that must be disclosed in a real estate transaction, nor will the failure to disclose such information be the basis for a civil lawsuit. In California, licensees must disclose whether the property has been the site of a murder or suicide within 3 years of the property being marketed for sale or rent.
Another issue for many purchasers is the supposed presence of spirits in a home. While some licensees may find this matter humorous, buyers my not share that perspective. Some buyers may see the karma, or spiritual nature of the home as a primary buying issue. Other states have legislation addressing the issue of supernatural inhabitants of dwellings, but Florida offers no such guidance to its licensees.
There was a case where ghosts allegedly occupied a single family home. An architect refused to work on the home, claiming it was haunted. The ghosts were described as cheerful, entertaining, and dressed in Revolutionary War-era clothing.
Another challenging issue is the subject of convicted sex offenders. May buyers understandably desire information about the possible presence of sex offenders. Enacted in 1996, Megan's Law requires that public law enforcement agencies register and disclose the addresses of such offenders. However, state rules vary in the implementation of such disclosure. Some states maintain a public database; others require that interested parties contact law enforcement agencies directly. The Florida Department of Law Enforcement (FDLE) maintains an updated online list of registered sexual predators. Prospective buyers can easily access the list and search by name or zip code.
Florida law does not address real estate licensees' responsibilities in notifying customers about sex offenders. However, that may change soon.
Some information contained in this article was obtained from Bert Rodgers Schools of Real Estate, and is educational and evidentiary in nature.
Mario D'Artagnan is a Broker Associate with Rossman Realty Group, Inc. Mario is a former Florida Real Estate Commission investigator, a former ขายบ้าน real estate instructor, and a published author. Mario is also a U.S. Air Force veteran.
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