Out There Blog

If you're buying a more modest property, you might not get to read up on its history in the local paper before you buy. Anyone concerned about living somewhere with a sinister past needs to find out a property's history before finalising a deal, since the doctrine of caveat emptor - or buyer beware - applies to homes.

There is no general requirement for the estate agent or seller to disclose specific information about a property's history unless asked, but the Property Misdescriptions Act of 1991 makes it an offence for them to make false or misleading statements. The onus is on the buyer to ask about the property's history and the seller to disclose the information accurately.

However, when it comes to ghostly goings on, there are some grey areas. Standard precontract enquiry forms include the question: "Is there any other information you think the buyer may have a right to know?" The problem with this question, says Mark Pawlowski, professor of law at Greenwich University, is that it's pretty subjective. "If the seller honestly believes the purchaser doesn't need to know about something, he's off the hook," he explains. This would be problematic if a buyer tried to sue over a haunting, which one person believes exists, and another doesn't. As Pawlowski points out, a purchaser would have some difficulty proving in a court of law that a house is haunted.

So buyers concerned about ending up in a "horror house" must ask very specific questions. You might feel a bit foolish demanding to know if there have been any stories or rumours about ghosts or murders in the house, but if finding this out after you've moved in would have you running for the door, it's vital that you ask. Getting these questions answered is the only way a purchaser would have a case for non-disclosure. Bright suggests broaching the subject verbally at first then following it up in writing.

House clearances
So what do you do if you own a house that's haunted and you're concerned that supernatural goings on could put off buyers? You could try to get rid of your ghostly problem. Ralph Keeton, of www.exorcisms.co.uk says he's seen a surge in the number of homeowners asking for their properties to be exorcised. His "modern approach" sees him treating ghosts as individuals, and he has a rather pragmatic technique, which seems to involve a sit-down and a chat. Some of his exorcisms are over and done with in 20 minutes. Keeton says he doesn't charge those genuinely in need, doing it instead "to help people" although he does have his expenses covered and accepts gifts.

Source: The Guardian