Couple sues realtor over sale of house where double murder occurred

[Shwa Girl]

But why? And how are you positive that all the dwellings you lived never witnessed a traumatic event. I mean, how far will it go? Today, it's murder that will bring down the value of the house. Tomorrow, a wife was batterned there. Next week, someone died of aids. Next month, the house was robbed. The month after that, a gay couple lived there.

It's a slippery slope.

I understand the ick factor, but if knowing a past event changes someone's feeling towards it, they can also hire a psychic to "cleanse" the house of bad vibes. It's not worth $450,000 to get over the "trauma".

I agree. Psychic cleanse or have a minister/rabbi/imam bless the house. After 15 years, it's not a strong case, IMHO.

[blueeyetea]

I personally am not going to spend 500,000 plus on a home and than not feel comfortable living in it. I have had certain things that have happened to me that I feel strongly about in regards to spirts and the spirt world. So that is why.
This is just my thoughts though.

Understood, but you'd get the bad vibe before you bought the house, most likely. The owner only started having anxiety attacks once she found out of the past event. Her reaction is extreme.

[saveadollardiva]

But I do feel for the owner, like if that was me I would snap and be upset like that too.

[snuffaluffagus]

This story is only one example why buyers should always insist on the most recent version of the "Sellers' Declaration" form (thoroughly read all forms, publications, and explanations offered on the real estate board website in your province. Don't leave it up the the real estate agents to do the work for you). If your province's real estate board doesn't provide one or, you find that there are questions not on the form that you would like answered, get the answers from the sellers and their agent in writing, have them sign and date it (have the agents sign as well). If at all possible, have it notarized. That extra 100$ or so in notary fees is worth your peace of mind and provides you with legal protection.

In Quebec, while a Sellers Declaration form is not mandatory, if a seller does give you one upon request, they have the legal obligation to declare if there has ever been a suicide or violent death in the immoveable. In addition, article D13.9 of the form asks: "To your knowledge, are there any other factors relating to the immovable and not mentioned in these declarations that are liable to significantly reduce the value or restrict the use thereof, reduce the income generated thereby or increase the expenses relating thereto (e.g. development or construction project, environmental problems [e.g. radon], abnormally high noise level, unpleasant odour, etc.) ?

The importance of a violent death in a house is not a matter of subjectivity eg. the sellers don't think it matters. Not everyone would buy such a house resulting in a reduction of property value. It's not up to the sellers or real estate agents to decide for the buyers what is and isn't relevant.

For those who are interested in what the most recent Sellers' Declaration in Quebec looks like:
http://www.oaciq.com/sites/default/f...eur-av16_0.pdf

[Shwa Girl]

This story is only one example why buyers should always insist on the most recent version of the "Sellers' Declaration" form (thoroughly read all forms, publications, and explanations offered on the real estate board website in your province. Don't leave it up the the real estate agents to do the work for you). If your province's real estate board doesn't provide one or, you find that there are questions not on the form that you would like answered, get the answers from the sellers and their agent in writing, have them sign and date it (have the agents sign as well). If at all possible, have it notarized. That extra 100$ or so in notary fees is worth your peace of mind and provides you with legal protection.

I agree with you.
But the most important part of the seller's declaration is the word recent.

Fifteen years is not recent.

I don't think they will win the case.

[i_forget]

When I inquired about my situation with my real estate agent, they provided me with a copy of the latest version of the property information statement.
It did not have the question about suicide or violent death that the Quebec form has.
I also looked at my copy from the sale, it too did not have the question.

Things like this should be the same from Province to Province.

[snuffaluffagus]

I agree with you.
But the most important part of the seller's declaration is the word recent.

Fifteen years is not recent.

I don't think they will win the case.

By "recent", I meant the most recent publication of the form by the real estate board. It gets updated every so often in order to add more specific questions.

I don't know, if I'm going to make the largest investment of my life and put in many years of my hard-earned money, I want to make sure I'm investing wisely. A violent death will lower the value of the home as many buyers wouldn't consider living there (making it that much harder for the new owners to sell if they, themselves, are honest about it). Personally, I think it's only fair that the sellers are upfront and honest as it's not their money to decide what to do with afterall.

We've been going through a very costly lawsuit for the past 4+ years now and, the one most important document we have in our favor is the sellers' declaration that I had insisted on. They intentionally left out a very crucial factor that greatly diminishes the value of the home/property (not ours but one we were going to purchase...thankfully we found out before the transaction was notarized).

I_forget, in your case, was there any line at all in the property information statement that may have read "other declarations" or something of the sort?

[VeeVee]

The murder was committed 15 years ago but the couple just bought the house last fall - Doesn't matter when it happened, it still happened and the realtor had an obligation to inform her clients that this happened.

I do not want to live in a house someone was murdered in doesn't matter if it happened yesterday or 40 years ago. Yes ppl die, if it was natural causes fine I would think about it but murder...no way there are other houses. I would be livid if I paid $$$ for a house only to discover ppl were murdered inside. Doesn't really give one that welcome home peace full feelng lol