Couple sues realtor over sale of house where double murder occurred

[saveadollardiva]

This is why when me and DH were looking for a house we did our research! Poor Couple!

Tony Van Alphen
Staff Reporter Toronto Star
http://www.thestar.com/news/gta/arti...urder-occurred


Eric and Sade-Lea Tekoniemi thought they had bought their dream home in Bowmanville last fall.

But it turned into a house of nightmares after they learned it had been the scene of a horrific double murder 15 years earlier.
That discovery has now led to a lawsuit against the real estate firm, an agent and the house’s former owners for allegedly failing to reveal the home’s history.

“I suffered panic attacks and am still on anxiety medication,” Sade-Lea Tekoniemi said Monday of her response to living in the house.

Eric Tekoniemi noted he also felt stress at work and less companionship at home. The uncertainty about his wife’s health and the frequent trips to the emergency room were hard on him, too.

Although the couple said they wanted to cancel the $253,000 sale as soon as they learned of the house’s history, their lawyer said it was too late because they were legally bound under terms of the deal.

But the Tekoniemis decided to sue those involved in the sale of the split-level, partial-brick house, with a claim filed in the Ontario Superior Court of Justice.

Ron England, who suffered from paranoid schizophrenia, murdered his mother, Marian Johnston, 74, and stepdaughter, Jenny, 6, in the home on April 2, 1996. He stabbed his mother 34 times and the child 89 times. The little girl was left lying on the floor with a knife embedded in her heart.

The Tekoniemis are seeking $450,000 in damages plus costs, from Re/Max First Realty, agent Mary Roy, and former owners Arthur Hewer and Sharron Lindsay, who had themselves purchased the home several years earlier.
The claims made in the lawsuit have not been proven in court.

Ron Gordon, the broker-owner of Re/Max First Realty, would not talk about the case, saying, “I don’t discuss company business with people outside the company.”

Hewer and Lindsay said their lawyer advised them not to speak about it because the case is before the courts. Roy could not be reached for comment.

The couple filed the claim last week. The defendants have not yet submitted statements of defence.

The Real Estate Council of Ontario, which regulates the industry, issued a warning to Roy last month on the grounds that she “deliberately withheld a material fact known to her” regarding the murders from the buyers, contrary to the Real Estate and Business Brokers Act. The decision followed a complaint by the Tekoniemis earlier this year.

The council cited several provisions in the act’s code of conduct, including not engaging “in any act or omission that, having regard to all the circumstances, would reasonably be regarded as disgraceful, dishonorable, unprofessional or unbecoming a registrant.”
Lawyers say the case involves a grey area in common law on the issue of “duty to disclose” — and how to assess what information that entails.

If the claim proceeds to trial, it could become a test case for the doctrine of “caveat emptor,” or buyer beware, and whether the couple’s situation is an exception to that general rule.

In their statement of claim, the couple described the murder information as a “material defect . . . which stigmatized, psychologically impacted and tainted the property.”

The claim said Sade-Lea Tekoniemi had suffered severe depression, and sleep and mood disorders because of the murder revelation and living in the house.

She has experienced heart palpitations, shortness of breath, faintness, nervousness when sharp knives are not out of sight when not in use, and visualizing “extremely graphic and horrifying images during unguarded moments” related to the murders, the claim added.

As a result of continuing health problems, the couple say they want to sell the home but recover any depreciation in value from the defendants because they want proper disclosure made to any future owners.

[i_forget]

A few months ago I found out that the boyfriend of the previous owner of my house had hung himself in my bathroom.

Since she did not disclose this to the agent, there was nothing that I could do aside from be totally pissed off that the psycho did not tell me.

Suicides are not often reported in the newspapers, so in my case, unless she said something, there was no way for me to find out.

I lived in my house for over 5 years before an old neighbour told me what happened.

[saveadollardiva]

GEEZE! Sorry to hear about that I_forgot! I had a simular experience. When DH and I were looking for a house we came across one we totally fell in love with! and well so did another 10 other couples lol. Anyways we had a bidding war outside this house, we wanted it so bad because we just loved it and the area. So we stuck it out and we were willing to pay a bit more for it. It all came down then to DH and I and this other couple that wanted it. So we go a few more rounds and by this time we went up like 25,000 more than what they were asking for it. Our agent came back to us saying they would give it to us if we went up 2,000 more!

Anyways I lost it because we gave them everything they wanted and they were asking for more money! They liked our offer because we were approved already, ready to put down $$$$ like that day and the other couple was not approved yet and didn't have a big amount to put down.

DH was like ok cool, and than I say "OH Hell NO! I am done! These people now are just greedy!" Tell them no, no deal! The other couple can have it!"

DH was trying to get me to agree with it but I said no way we are walking. So our agent went back to them and said we were walking. Anyways as we were both walking back to our cars really upset we saw some of the neighbours talking to our agent. She came up to us and smiled. She said someone must love you guys.

DH and I were like why??? She found out threw those people that someone in the house just died from natural causes over 2 weeks ago and that is why they were selling the house!!!! My agent asked the sellers agent if there were any deaths in the house (I requested her to ask this because I am really spiritual and I was not going to live in a house were someone died) and the agent told her NO! Totally lied to her!

We later found out it was true for sure! I told DH something just didn't sit right, yes, the money was a big thing but something was not right from the get go.

So the couple that out bid us was also near their cars and I yell "Enjoy the house! Just found out someone died in it about 2 weeks ago! Congrats! LOL"

Look on their faces was priceless lol.

[blueeyetea]

I think this is pushing it to the extreme. Why does it matter that there was a murder in the house? People die in houses all the time. It's not like it's a hidden defect that would make them spend money to fix.

This smells way too much like a money grab to me. If they were that worried about it, they'd sell their home and move somewhere else and at worst, sue for the money they'd incurr to sell their house and buy another one. But no, they want to be compensated with $450K because of the trauma of knowing a fact that doesn't change anything to what the house is, a roof over their heads.

[saveadollardiva]

True, people do die in houses everyday. BUT the seller should at least tell buyers the history properly. There are some people that it doesn't bother, than there are people like ME were it does. They should at least tell the truth and have people make their own choices.

[vesper]

Some people are terrified of these things. I am not sure why. I was reading a history book when I was in Banff, about the last massive battle between Indian tribes on the prairies, it was fascinating. When I figured out the area where this happened, it is now a suburb of Cochrane Alberta.

Thousands of people live on the very plains where thousands of warriors were slaughtered in the late 1700's. Same thing all over Canada!

But I can understand why murders in a house could creep someone out. I am not sure why a realtor would have to tell the buyers if they buyers did not ask... but they should answer honestly if asked.

[saveadollardiva]

I guess you could say it is buyer beware, BUT in my case I asked my realtor to ask and she was lied too! I am just one of those people who has had way to many experiences were I just don't feel comfortable knowing someone died in the house I am living in. Just creeps me out just thinking about it.

[vesper]

I guess you could say it is buyer beware, BUT in my case I asked my realtor to ask and she was lied too! I am just one of those people who has had way to many experiences were I just don't feel comfortable knowing someone died in the house I am living in. Just creeps me out just thinking about it.

Being lied to is wrong! I agree. I asked if the folks I bought from smoked before I bought... they didn't. I was glad. that is my thing. I also asksed if the house flooded or had mold issues.

If you ever want to buy another house, a local PI could find out all deaths in the house if any. Suicides, murders... anything with a public record they can get.

[i_forget]

Realtors have a code of ethics that they follow, and disclosing that information is something in their code. If they know about it, they are suppose to say something about it. As for legally, per the lawyer I spoke with when I found out, there is no law that says this information has to be disclosed.

It is creepy for some people, others it is not. People will use this information to get a lower price on the house because with murders and suicides and such, there is a stigma attached to the home.

I doubt that these people will get all the extra money that they are suing for. The could get moving expenses and any losses they may incur from the sale of the home, but they will not get anything because she is now "sick" from it.

[saveadollardiva]

^ Thanks for the info vesper, but we have no plans moving anytime soon lol. Just been in my house for over a year. It's a nice home that can fit a future family of four, if I have more than 2 kids than maybe in another 10 years I will consider moving lol.

[vesper]

^ Thanks for the info vesper, but we have no plans moving anytime soon lol. Just been in my house for over a year. It's a nice home that can fit a future family of four, if I have more than 2 kids than maybe in another 10 years I will consider moving lol.

Yahoo! Hope you have 12!!!

[saveadollardiva]

LOL 12? what do you think I am super woman LOL. My DH would pull his hair out lol. DH and I would be happy with 2

[saveadollardiva]

Ya I agree I_forgot, they will probably not get anything for "sick". But hey I feel bad for them. I was lied to too.

[blueeyetea]

than there are people like ME were it does. They should at least tell the truth and have people make their own choices.

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".

[saveadollardiva]

In your eyes blueeyetea it is ok because that is what you beleive in. I beleive things in a differnent way. 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.

And if a gay couple moved in next door to me I would not care, because everyone is equal in my eyes, houses get robbed, yes it happens, a wife gets beaten, sadly it does happen BUT none of these have to do with death and someone passing in my home.

Yes, things have happened on the land were the houses are built I get it, but I am not going to add more freaky and spooky things to my home if I don't have to.

This is just my thoughts though.