A Legal Guide to Buying Haunted Property

With Halloween on the horizon, adults and kids have ghouls, ghosts, and goblins on their minds. While it’s fun to get spooky once a year on October 31st, most people don’t want to consistently face creepy frights or live in a haunted house. Unfortunately, if you aren’t careful when purchasing property, you may find yourself doing just that. Find out how we, at Pelkey & Pelkey, PC can help you avoid this scary scenario.

Hire an Independent Engineer to Conduct a Complete and Thorough Inspection of the House

Although most realtors recommend good competent engineers, we suggest that you select your own engineer so that you can be assured that the engineer is exclusively representing your best interests. We’ve seen occasions where the engineer is reliant upon the realtor for business leads and accordingly, subject to the interference of the realtor (and remember the realtor only gets paid if the deal closes). 

Always attend the inspection in person so that you may engage in a meaningful dialogue with the engineer. So many times we see a written report that is misinterpreted by the parties.

Insist Upon a Full and Complete Property Condition Disclosure Statement From the Seller

Review the document carefully. If a seller who has lived at the property for a significant period of time suddenly declares: “we don’t know”, we suggest they are actually saying, “yes, but we don’t want to tell you”. Perhaps it’s time to put on your sneakers and RUN, DON’T WALK. In any event, make sure you provide a copy of the PCDS to your engineer. 

Demand That Both Realtors Attend the Final Walk-through Before the Closing

We find it to be in the best interests of all parties if both sides have their realtors present at the final walk-through so that any remaining issues can be ironed out prior to the closing. Hope this helps and good luck.