Spooky season is right around the corner, and in Massachusetts, ghosts are no joke. According to HomeAdvisor, Massachusetts is the 5th spookiest state in America, and the probability of buying a haunted house is an eerie 23.5%. Home to the notorious Salem Witch Trials, Massachusetts has a storied history of supernatural activity. Did you know that the Omni Parker Hotel, located in downtown Boston is considered one of the most haunted hotels in the country? Or what about a former schoolhouse in Westwood that has a paranormal past? And, we can’t go without mentioning the millions of tourists that ride their brooms to Salem, Massachusetts each October. Apparitions aside, how can you be confident your new home isn’t haunted?

Disclosure Laws in Massachusetts

Despite a haunted history, Massachusetts law only requires that sellers or listing agents disclose the existence of lead paint, the presence of a septic system, and sellers or listers cannot make any misrepresentations of fact or false statements. So yes, a seller or listing agent is not required to tell you about alleged paranormal activity in a home. Even scarier, they are not required to disclose deaths, murders, suicides, or other crimes that took place in the home or on the property.

Knowing this, how do you ensure that your dream home isn’t “stigmatized” or “psychologically impacted” before you buy? The bottom line is that buyers with sensitivity and concerns need to ask the listing agent or seller outright about previous purported paranormal activity in the home. While they are not required to proactively disclose known or suspected paranormal information, if asked, they must answer truthfully, and remember to keep a record of asking (ideally via email or text). If a seller or real estate agent fails to disclose actual known information about a property to buyers or is deceitful in doing so, they could face legal consequences such as: lawsuits, fines and injunctions, penalties, damages, and more.

Buyer Beware: Do Your Research!

While directly asking about these spooky possibilities is a good way to ensure you aren’t being swindled into joining the ghosts residing in your new home, we always recommend conducting your own research. Massachusetts’ real estate disclosure laws are considered light compared to most states, which is all the more reason to Google your new potential address to find any reports of crime or paranormal activity and be a home detective.

Massachusetts is a beautiful place to live, and regardless if you’re superstitious about ghosts in your home, beware of the loose disclosure rules and how they may impact your decision to buy. If you are interested in learning more about haunted homes and the importance of disclosures, contact Co-Managing Partner Nik Ligris at Ligris + Associates PC.

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