关于所谓“凶宅”卖方跟经纪人有没有义务 disclose 的问题,刚刚有一个案例



经常在这里看到有人来问一些房子里面死了人, 能不能买这样的房子, 或者发生过杀人事件的房子的情况, 刚刚开始一个相关的案例。

 

 

这个房子的前房东在 2006 年二月的时候开枪打死了他的妻子, 然后开枪自杀了。 这些都是在 master bedroom 发生的。

 

2006 年10月的时候 Joseph and Kathleen Jacono 以 45 万的价钱买下了这个房子,他们当时是知道这个房子发生的凶杀和自杀的事情的。

 

 

2007 年 6月份 Joseph and Kathleen Jacono 把房子卖给了 Janet Milliken, 价格是 61 万。 卖方和经纪人都没有告诉买方以前房子发生的凶杀和自杀的事件。

 

后来 Janet Milliken 告了卖方和经纪人, 但是这个案子原告输了。 (The trial judge granted summary judgment in favor of the defendants, saying state law does not require agents to disclose such events. )

 

上诉法庭也维持了这个判决。 (Then in December 2012, a panel of the state appeals court affirmed that decision, though with a nearly split decision. )

 

这个是在宾州发生的案例, 不知道其他州会不会有不同的法律解析。 

 

 

 

 

 

 

 






 


 


 


 


 


 


 


 


 


 


 











Pa. Homeowner Sues Seller Over Home's Bloody Past










A Pennsylvania woman has appealed to the state Supreme Court in her suit against a home seller and real estate agent who failed to disclose that a murder-suicide had taken place in the home she purchased.


When Janet Milliken, 59, moved from California after her husband died, she had hoped to start a new life with her two teenage children in Pennsylvania near her family.


She bought a home in Thornton, Pa., for $610,000 in June 2007. She learned a few weeks after she moved in from a next-door neighbor that a murder-suicide had occurred the year before in her home.


She sued the seller and the real estate agent for fraud and misrepresentation, saying they made a "deliberate choice not to disclose the home's recent past," according to a court document.


The trial judge granted summary judgment in favor of the defendants, saying state law does not require agents to disclose such events.


Then in December 2012, a panel of the state appeals court affirmed that decision, though with a nearly split decision.


The matter dates back to Feb. 11. 2006, when a previous homeowner, Konstantinos Koumboulis, allegedly shot and killed his wife, then shot himself in the master bedroom.


Joseph and Kathleen Jacono had bought the home Oct. 31, 2006, knowing of the murder-suicide, for $450,000. They later sold it to Milliken, who wants the transaction rescinded and her money back.


Filing a petition to the Supreme Court of Pennsylvania last week with the hope of arguing the case further, the attorney for Milliken, Tim Rayne, said they "hope to have Pennsylvania recognize that having a horrific event occur within a property can be just as damaging and troubling to a future homeowner as a physical defect, or perhaps even more so."


"Having a gunshot murder-suicide committed within the home is much more devastating than having a small leak concealed by the previous homeowner," Rayne said. "Physical defects can be fixed. Troubling events that could and did occur in this home could never go away."


Rayne said sellers should be required to disclose troubling events "at least for some period of time."


Abraham Reich, the attorney for the Jaconos and their agent with Re/Max, said, "The majority, en banc [full-court] opinion of the Superior Court was well reasoned and consistent with years of industry practice in Pennsylvania.


"While the issue is interesting, the number of times it comes up does not warrant Supreme Court review," Reich said. "The Superior Court opinion provides guidance for any real estate transaction in the future and puts to rest the uncertainty of whether a seller has a duty to disclose a murder-suicide or any other type 'psychological damage.' In my opinion, the result is a good one."


Rayne said Milliken, 59, was "disturbed" when she learned of her home's history from a neighbor. "As she was struggling what and if to tell the kids," he said, her children's friends visited the home for Halloween and told the children about the murder-suicide.


"They were very upset upon learning about it and disturbed about the whole situation," Rayne said.


"They were dealing with the death of a father and husband and wanted to move closer to family, and then this happened to them," he said. "It was a tragedy all around."


Rayne said Milliken and her children are still living in the home. He said they would prefer to move out of the home but can't afford to do so without selling it.


"They feel that if they sold it, through good conscience they would have to disclose," Rayne said, "so it would negatively impact the value."

舞起风随 发表评论于
From what I know, the agent is required to disclose that type of message in Canada. Otherwise, could face potential law suit even in the future. However,that would be based on judicial judgement. Buyers could also file complaints to the relative councils or association.




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