Real Estate by Debbie Reynolds: TN Law and Stigmatized Properties

TN Law and Stigmatized Properties

What TN State Law Says About Stigmatized Properties

Stigmatized HousesSome states real estate laws make it mandatory for sellers and agents to disclose information on homes where a murder, suicide, crime, death or paranormal occurrences have taken place. In Tennessee it is not mandatory to disclose these things unless it affects the physical condition of the property.

 

However, if an agent is representing  the interests of a buyer, a buyer client is likely to want to know. My opinion is if you know factually that something has occurred and you are representing a client, it is best that you tell them. They will hear the news after they buy and will wonder why you didn't share it.

A Stigmatized property is a home where a murder or suicide took place. It can also mean a home where spirits (ghosts) are suspected to reside. Some people are very superstitious wouldn't live in one of these stigmatized houses for any reason. Other people think it might devalue the property and want to know that on the front end.

 

In TN the law says only things that affect the physical condition of the property have to be disclosed. If you are asked,you are to answer truthfully according to one of the Tennessee Real Estate Commissioners. That is unless it would be a violation of the Federal Fair Housing Law.

 

Buyers should be happy with their homes after the sale and not learn upsetting news that can change their opinion after they have moved in. Give the facts and let a buyer make an informed decision.

For real estate information in Clarksville TN, contact The Real Debbie Reynolds at 931-320-6730.

 

 Centruy 21 Platinum Properties2130 Wilma Rudolph Blvd.

Clarksville, TN 37040

When you need Real Estate services in Clarksville TN

                  it would be my pleasure to assist you!                             

Debbie Reynolds
"The Real Debbie Reynolds"

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Comment balloon 13 commentsDebbie Reynolds • September 23 2018 01:14AM

Comments

These kinds of issues are also not mandatory disclosures in NC, Debbie. But if asked about them and if we have knowledge we cannot lie.

Posted by Nina Hollander, Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor (Coldwell Banker Residential Brokerage | Charlotte, NC) 3 months ago

Good morning Debbie. Interesting how the state laws treat this issue. Enjoy your day!

Posted by Wayne Martin, Real Estate Broker - Retired (Wayne M Martin) 3 months ago

This is very good information to share with home sellers and home buyers.

Posted by Roy Kelley, Roy and Dolores Kelley Photographs (Realty Group Referrals) 3 months ago

In Maryland, the seller or realtor is not necessarily required to disclose the full facts related to stigmatizing events related to the property.           

  • Criminal stigma: Maryland does not require disclosure of property used in the commission of a serious crime.  
  • Murder/suicide stigma: information related to homicides or suicides occurring on the property is not viewed as a material fact under Maryland statute. 
  • Phenomena stigma: Maryland does not require disclosure if a house is renowned for "haunting," ghost sightings, etc.
Posted by Roy Kelley, Roy and Dolores Kelley Photographs (Realty Group Referrals) 3 months ago

Same here in VA. No need to disclose, but if asked, best to answer truthfully. i figure anything that would affect a buyers decision to buy should be available to potential buyers.

Posted by Jeff Pearl, Full Service Full Time Realtor (RE/MAX Distinctive / LIC in VA) 3 months ago

Great article Debbie Reynolds ! Last year I showed a home where a suicide happened  and it was in the news. This couple knew about it  (my buyers) wife didn't care, husband refused to put an offer on it. They ended up buying another home.

Posted by Abby Stiller, Professional Bilingual Realtor (239) 284-8637 (REMAX Realty Group) 3 months ago

North Dakota is the same Debbie Reynolds but I always disclose it if I know.

Posted by Bob "RealMan" Timm, Bob Timm, Project Coordinator for Tivoli Homes (Tivoli Custom Homes) 3 months ago

Good  morning, Debbie Reynolds everything that would make a potential buyer change his/her mind about buying the property should be disclosed....MY RULE!!!

Posted by Barbara Todaro, "Franklin MA Homes" (RE/MAX Executive Realty ) 3 months ago

Hi Debbie Reynolds - I have had clients who are sensitive and they can feel bad juju!  Sometimes they know more than I know. I am like you, disclose, disclose, disclose.....

Posted by Sheri Sperry - MCNE®, (928) 274-7355 ~ YOUR Solutions REALTOR® (Coldwell Banker Residential Brokerage) 3 months ago

I remember a long long time ago when studying for the exam, this was on the test. I agree with Barbara...tell the truth right from the start!

Posted by Lawrence "Larry" & Sheila Agranoff. Cell: 631-805-4400, Long Island Condo & Home Sale Specialists (The Top Team @ Charles Rutenberg Realty 255 Executive Dr, Plainview NY 11803) 3 months ago

Debbie .... hummmmm ..... I guess if I knew someone was murdered in a house, or Casper was known to make a visit or two, it would probably be a property I would not purchase.

Posted by George Souto, Your Connecticut Mortgage Expert (George Souto NMLS #65149 FHA, CHFA, VA Mortgages) 3 months ago

We have similar laws in Florida, Debbie.  Thankfully, I've never had to deal with this issue as I have not been aware of any of these issues with any of my listings or sales.

Posted by Gabe Sanders, Stuart Florida Real Estate (Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales) 2 months ago

It's only fair to disclose what is common knowledge.  I am surprised your state hasn't made it mandatory yet.

Posted by Georgie Hunter R(S) 58089, Maui Real Estate sales and lifestyle info (Hawai'i Life Real Estate Brokers) 2 months ago

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