Your dream home may be haunted, and in most states, sellers don’t have to say boo about it.
Ahead of Halloween, Zillow scared up a state-by-state analysis and found only four deal with paranormal activity in their real estate disclosure laws: New York, New Jersey, Massachusetts and Minnesota.
In New York state, courts will rescind a home sale if the seller creates and perpetuates a reputation that the house is haunted and then takes unfair advantage of a buyer’s ignorance of the home’s ghostly reputation. For example, if you invite reality television ghost hunters to your home, then later sell your poltergeist palace to an unwitting buyer who prefers sitcoms, a court could make that sale vanish.
In New Jersey, a seller must truthfully tell a buyer if their property comes with phantom roommates – only if asked.
Many states have statutes that say property facts that could cause “stigma” or “psychological impact” need not be disclosed. Massachusetts and Minnesota deliberately mention paranormal or supernatural activity as a “psychologically affected” attribute that does not need to be disclosed.
Some real estate agents say haunted properties present other challenges that can scare off buyers.
“I worked with a seller who claimed their house was haunted by a ghost who lived in the basement,” says Jennifer Stauter Kornstedt, a Zillow Premier Agent in Wisconsin. “When I arrived for the open house, I heard banging noises coming from the basement. I went to investigate but could not find the source of the noise. Then the phone rang three times with only static on the other end.”
Stauter Kornstedt says she and the seller agreed to disclose the creepy companion to any potential buyer even though they didn’t have to under to Wisconsin law. Ultimately, the homeowners decided to stay in their house, but Stauter Kornstedt says she’s been spooked ever since.
Nine states have laws around the disclosure of a death on the property. In California, sellers must disclose a death on the property within 3 years. In Alaska, a death within one year must be disclosed. In South Dakota, sellers must disclose a homicide on the property.
In Connecticut, Delaware, Georgia, New Hampshire, New Jersey and South Carolina, sellers must disclose a death on the property only if asked.
Think your house might be haunted? Find out what’s required in your state below!
| State | Direct Mention of Paranormal Activity in State Law? | Statutory Language |
| Alabama | No | N/A |
| Alaska | No | Seller must disclose, if they or their real estate agent are aware of a murder or suicide on property w/in last year. Paranormal activity NOT mentioned. |
| Arizona | No | No criminal, civil or administrative action may be brought against a transferor or lessor of real property or a licensee for failing to disclose that the property being transferred or leased is or has been: the site of a natural death, suicide or homicide or any other crime classified as a felony. |
| Arkansas | No | (b) The existence of any fact or circumstance or suspicion of the existence of any fact or circumstance that indicates a property might be or is psychologically impacted is not a material fact that must be disclosed in a real property transaction. (c) No cause of action shall arise against an appraiser of real property, a licensee as agent of an owner, or a licensee as agent of a potential or actual transferee of real property for failure to inquire about, make a disclosure about, or release information about the existence of any fact or circumstance or suspicion of the existence of any fact or circumstance that indicates that the real property is psychologically impacted. |
| California | No | Seller must disclose death (including natural death) on property within last 3 years. |
| Colorado | No | Facts that could cause pyschological impact or stigma are NOT required to be disclosed. Examples: death, suicide, homicide. Paranormal activity likely not required to be disclosed. |
| Connecticut | No | Unimportant facts, such as death (and although no caselaw, likely paranormal activity) don’t need to be disclosed. If buyer lets the seller know in writing that whether the home was a site of a homicide or suicide is important to the seller, the buyer may disclose but may also refuse to disclose such information. |
| Delaware | No | Seller doesn’t need to disclose psychologically affected property. Seller must answer truthfully if buyer asks about psychological impacts. Paranormal activity NOT mentioned. |
| District of Columbia | No | N/A |
| Florida | No | Unimportant facts, such as deaths, don’t need to be disclosed. |
| Georgia | No | Seller not required to disclose deaths but should respond truthfully if asked. |
| Hawaii | No | Seller doesn’t need to disclose any occurrence that had no effect on the physical structure or the physical environment of the property. Paranormal activity NOT mentioned. |
| Idaho | No | Seller doesn’t need to disclose any suicide or homicide that had no effect on the physical structure or the physical environment of the property. Paranormal activity NOT mentioned. If buyer lets the seller know in writing that whether the home was a site of a homicide or suicide is important to the seller, the buyer may disclose but may also refuse to disclose such information. |
| Illinois | No | There is no legal duty to disclose stigmas but Agents must answer honestly if asked about stigma. If client permits the Agent to disclose, the Agent must disclose the stigma, if client says not to disclose, Agents must state they cannot disclose that information. |
| Indiana | No | Seller doesn’t need to disclose psychologically affected property. Paranormal activity NOT mentioned. |
| Iowa | No | An owner or agent is not required to disclose to a buyer if an individual died on the property. |
| Kansas | No | Seller only needs to disclose important physical facts about property. Paranormal, Stigma, or psychologic impacts NOT mentioned. |
| Kentucky | No | No duty to disclose but if there is a direct question about a haunting, a death, murder, a suicide, or another stigmatizing factor, the agent and/or the seller must answer honestly. |
| Louisiana | No | Seller doesn’t need to disclose psychologically affected property. Paranormal activity NOT mentioned. |
| Maine | No | N/A |
| Maryland | No | N/A |
| Massachusetts | Yes | Seller doesn’t need to disclose psychologically affected property, including an alleged parapsychological or supernatural phenomenon. |
| Michigan | No | Seller doesn’t need to disclose any fact that had no important effect on condition of property, including murder & suicide. |
| Minnesota | Yes | Seller doesn’t need to disclose any fact that doesn’t affect buyer’s use or enjoyment of the property, including “perceived paranormal activity …” |
| Mississippi | No | Seller doesn’t need to disclose any fact that had no important effect on condition of property, including murder & suicide. |
| Missouri | No | Seller doesn’t need to disclose psychologically affected property (Homicide/suicide). Paranormal activity NOT mentioned. |
| Montana | No | Seller doesn’t need to disclose any fact that had no important effect on condition of property. |
| Nebraska | No | N/A |
| Nevada | No | Seller doesn’t need to disclose fact that a death occurred on property. Paranormal activity NOT mentioned. |
| New Hampshire | No | Seller doesn’t need to disclose fact that a homicide or suicide occurred on property. Seller must disclose if buyer asks. Paranormal activity NOT mentioned. |
| New Jersey | Yes | Seller doesn’t need to disclose “psychological impairments” (murder, suicide, or “a property purportedly being haunted”). Seller is required to provide whatever information they have upon receipt of an inquiry from a buyer. |
| New Mexico | No | Neither seller nor their agent are liable for failing to disclose (and do not have a duty to disclose) if there was a homicide or suicide at the home. |
| New York | Yes | Excluding case law, a seller doesn’t need to disclose that the house was site of homicide, suicide, or accident. |
| North Carolina | No | Seller doesn’t need to disclose fact that a death occurred on property. Paranormal activity NOT mentioned. |
| North Dakota | No | N/A |
| Ohio | No | N/A |
| Oklahoma | No | Seller doesn’t need to disclose psychologically affected property. Seller must disclose if buyer asks and a suicide or homicide on property is important to decision. Paranormal activity NOT mentioned. |
| Oregon | No | Seller doesn’t need to disclose any fact that had no important effect on condition of property. Paranormal activity NOT mentioned. |
| Pennsylvania | No | N/A |
| Rhode Island | No | Seller doesn’t need to disclose psychologically affected property. Paranormal activity NOT mentioned. |
| South Carolina | No | Neither seller nor their agent are liable for failing to disclose a psychologically affected property (death or manner of death). Paranormal activity NOT mentioned. |
| South Dakota | No | Seller must disclose if, since they have owned the property, they are aware of a human death by homicide or suicide occurring on the property. Paranormal activity NOT mentioned. |
| Tennessee | No | Seller doesn’t need to disclose any act/occurrence that had no effect on physical structure of property, or that there was a homicide or suicide on property. Paranormal activity NOT mentioned. |
| Texas | No | Seller doesn’t need to disclose fact that a death, homicide, or suicide occurred on property. Paranormal activity NOT mentioned. |
| Utah | No | Seller doesn’t need to disclose fact that property is “stigmatized.” Paranormal activity NOT mentioned. |
| Vermont | No | Statute requires disclosure of a fact that the seller reasonably believes may directly impact the future use or value of the property. |
| Virginia | No | N/A |
| Washington | No | N/A |
| West Virginia | No | N/A |
| Wisconsin | No | N/A |
| Wyoming | No | N/A |