Do you have to tell a homebuyer if your house is haunted? Here’s what Texas law says
Haunted house movies are a fixture of the horror genre.
While it may be fun to watch fictional characters experience the horrors of home ownership, that feeling doesn’t translate to real life.
About 65% of respondents in a recent study say they have experienced unexplained phenomena in their homes, according to Angi (formerly Angie’s List).
When it’s time for Texans to buy a house, do realtors have to list whether the home is haunted? Here’s what to know:
What does Texas law say about disclosing whether a house is haunted?
Under Texas Property Code section 5.008, sellers have to disclose the following:
- If the property has certain items, such as a dishwasher, oven, central air conditioning, and more.
- If the property has smoke detectors.
- If the seller is aware of any defects in walls, ceilings, doors, and more.
- If the seller is aware of termite damage, improper drainage, and more.
- If the seller is aware of anything on the property needing repair.
- If the seller is aware of the property having flood insurance and is near a floodplain.
- If the seller has filed a claim for flood damage on the property.
- If the seller ever received assistance from FEMA or the U.S. Small Business Administration.
- If the seller is aware any lawsuits on the property, if the property had modifications without proper documentation and more.
If the property is located in a coastal area that is seaward of the Gulf Intracoastal Waterway or within 1,000 feet of the mean high tide bordering the Gulf of Mexico.
This property may be located near a military installation and may be affected by high noise or air installation compatible use zones or other operations.
Texas Property Code also states the following about deaths on properties:
“A seller or seller’s agent shall have no duty to make a disclosure or release information related to whether a death by natural causes, suicide, or accident unrelated to the condition of the property occurred on the property or whether a previous occupant had, may have had, has, or may have AIDS, HIV related illnesses or HIV infection.”
Are there other states that have to disclose haunted houses?
Yes and no, in New Jersey and New York.
According to Zillow, a New Jersey seller doesn’t need to disclose “psychological impairments” but is required to provide any information they have if a buyer asks.
In New York, a court can rescind the sale of a home if the seller creates a reputation that the house is haunted.
