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Buying and living in a house which was the scene of a murder or suicide is
not everyone's cup of tea, but for some people, living in a tainted house is
simply not an issue.
Last month, the would-be buyer of the house where child model JonBenet Ramsey
was murdered lost out on his plans to move into the $1.7 million property when
it was taken off the market following the arrest of John Mark Karr.
In July, Mike Hatter had signed an offer to purchase the 6,866-square foot home
where the six-year-old was killed in 1996. Shortly after Karr was arrested in
Thailand in August, Hatter got an email from the real estate broker in Boulder,
Colo., saying the house was being taken off the market by its current owners
who are unrelated to the Ramsey family.
JonBenet's parents sold the house in 1998 soon after their daughter's murder. A
group of investors purchased the red-brick Tudor-style mansion at 749 15th St.
for $650,000, and the house has had four owners since then.
The most recent owners, Tim and Carol Schuller Milner, paid $1.05 million for
the house in 2004, but moved out late last year because they could no longer
take the pressure of living in the glare of curiosity seekers.
The would-be buyer is not at all bothered by things that go bump in the night.
In fact, he seems somewhat fascinated by the whole subject. "I'm the kind of
person who likes graveyards and full moons," he told a reporter.
In the real estate industry, this kind of house is known as stigmatized or
tainted. The perception is that the value of the property has been reduced by
non-physical, non-scientific, irrational or even superstitious perceptions by
buyers.
Colorado realtor Joel Ripmaster has represented the last four owners of the
Ramsay home. Last month, he was quoted in USA Today as saying, "It's
stigmatized. It's always been stigmatized."
Whether a home has been tainted by being the site of an actual murder, or by
the reputation as being haunted, its value may be affected — positively or
negatively.
Consider, for example, so-called haunted British castles and guest houses,
where tourists flock to spend a night or two in the company of ghostly
housemates. Or the bed-and-breakfast in Fall River, Mass., where guests can
sleep in the room where Lizzie Borden was accused (and acquitted) of killing
her father and stepmother with an axe in 1892 (http://www.lizzie-borden.com).
Usually, however, the value is adversely affected by the property's reputation.
Ontario has hundreds of homes, condominiums and apartments that were the sites
of notorious and even grisly crimes — some private, and some very public.
Consider, for example, the site of the now-demolished Bernardo house on Bayview
Dr. in St. Catharines, or the site of the Mississauga home (since destroyed by
fire) where Christine Demeter was murdered in 1973.
Buyers have many reasons to shun stigmatized real estate, according to Toronto
real estate appraiser and educator Barry Lebow. A frequent lecturer on haunted
and stigmatized houses in Toronto, Lebow is the former owner of a house that
was the site of a messy public suicide.
He unknowingly bought the home some years ago, and after renovating it, sold it
outside the local ethnic community to a buyer who didn't care about its
history.
There are plenty of houses alleged to be haunted right here in Toronto. They
are explored in some detail in John Robert Colombo's book, Haunted Toronto
(1996, Hounslow Press, $18.99). Colombo lists many public buildings that are
reported to be haunted, but he also reveals stories of ghosts, apparitions,
spectres, poltergeists and unexplained happenings at many private homes. The
book makes for scary reading.
Other haunted houses are reported on the website of The Toronto Ghosts and
Hauntings Research Society, at
http://www.torontoghosts.org.
To my knowledge, there is no comprehensive listing of local homes that have
been the sites of suicides, murders or other grisly crimes.
As a result, it's statistically very easy to wind up buying a stigmatized home
without knowing about it in advance. Ontario has no laws requiring the
disclosure of facts which might stigmatize the property. So sellers are not
obligated to volunteer information about suicides or murders and such that have
occurred on site.
When the value of property is affected by psychological factors arising from
superstition, prejudice and irrationality, are real estate agents required to
disclose the stigma?
"Yes, 101 per cent," says Lebow, adding that a buyer not wishing to purchase a
property where a grisly death occurred is not superstitious or irrational.
``It's a fact,'' he says. ``That property's value is not as high as one without
grisly history.''
Agents in Ontario are required to reveal any fact that could affect a person's
decision to buy a property, the price that ought to be paid, and the ability to
sell the property at a future time — if the facts are within the real estate
agent's knowledge. This obligation extends to the disclosure of any stigma
attached to a property of which the agent is aware.
Just how long down the line that obligation extends is anyone's guess — it may
be a permanent obligation.
After all, stigmas and ghosts don't change addresses as frequently as the
typical Torontonian.
``Virtually all American states have mandatory seller disclosure laws,'' says
Lebow. ``It's something we should be doing in Canada.''
In Ontario, it's often buyer beware.
Bob Aaron is a Toronto real estate lawyer. He can be reached by email
at bob@aaron.ca, phone 416-364-9366 or
fax 416-364-3818. Visit the column archives at
http://www.aaron.ca.
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