Frivilous lawsuit

hedgehog

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thanks for saving me the time from clicking on the link.

brief synopsis

woman buys a house a murder suicide happened the past year and she wants her money back because she says the realtor hid if from her :shrug:
 

MadJack

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brief synopsis

woman buys a house a murder suicide happened the past year and she wants her money back because she says the realtor hid if from her :shrug:

I didn't click and read the article but she has every right to know about that before she buys the house. She might be very uncomfortable living there now that she knows there was a murder suicide.
 

Old School

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I didn't click and read the article but she has every right to know about that before she buys the house. She might be very uncomfortable living there now that she knows there was a murder suicide.


one would think full diclosure would be necessary.

if ya have never lived with ghosts[I have} they can be quite a pain in the butt.

They seldom closed doors behinh them.
 

ferdville

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In California you have to notify potential buyer if there was a death in the home even if by natural causes.
 

marine

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I didn't click and read the article but she has every right to know about that before she buys the house. She might be very uncomfortable living there now that she knows there was a murder suicide.

You should read the article then. It clearly articulates the state's law regarding this.
 

marine

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In California you have to notify potential buyer if there was a death in the home even if by natural causes.

Is it for just the next buyer? Or is it perpetual?

Like this home in the article - murder suicide happens, someone comes along and buys it, then a year later they sell it and a new buyer comes along.

I'm sure there are tons of older homes up and down the east coast that have had deaths occur in them over the last century. Must every new buyer be told of a death that occurred in the past or just with the immediately previous owner?
 

ferdville

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I think, not 100% sure, but it only applies to the time seller has owned the property.
 

MadJack

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You should read the article then. It clearly articulates the state's law regarding this.

Then tough shit. How in the hell does a lawyer expect to win that case?
 

lostinamerica

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Courts make new law all the time based on evolving standards of what is reasonable.

In Iowa, the present law is pretty much the simple fact that people die in houses all the time, some horrific, some gruesome (how about a body that is found a week after they die?), and there is no duty to disclose.

GL
 

MadJack

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I think that is why the word "frivolous" is used in the subject of the post.

Yeah, I was mistaken. Here's the Indiana law.

IC 32-21-6-6 Refusal to disclose; misrepresentation
Sec. 6. An owner or agent is not liable for the refusal to disclose to a
transferee:
(1) that a dwelling or real estate is a psychologically affected
property; or
(2) details concerning the psychologically affected nature of the
dwelling or real estate.
However, an owner or agent may not intentionally misrepresent a fact
concerning a psychologically affected property in response to a direct
inquiry from a transferee.

As added by P.L.2-2002, SEC.6
 

marine

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Yeah, I was mistaken. Here's the Indiana law.

IC 32-21-6-6 Refusal to disclose; misrepresentation
Sec. 6. An owner or agent is not liable for the refusal to disclose to a
transferee:
(1) that a dwelling or real estate is a psychologically affected
property; or
(2) details concerning the psychologically affected nature of the
dwelling or real estate.
However, an owner or agent may not intentionally misrepresent a fact
concerning a psychologically affected property in response to a direct
inquiry from a transferee.

As added by P.L.2-2002, SEC.6

Good stuff. Watch for the increase in the number of home buyers on the market now asking the question - Have people died here.

Add that to the list of important questions home buyer's now need to ask.
 
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