Stigmatized properties are a big thing in the news right now. After the Calgary-based home where a 22 year old stabbed and killed five students came on the market, Buyers started to realize how little they are told about properties they are considering buying. It is a fine line to cross, and making rules about what must be disclosed is a big discussion to have.

Taking into consideration murders or deaths in a property, what would be the statute of limitations? Any home you purchase may have had someone die in it. That just happens. The older your home, the more likely it is that there was a death in it. How far back should one disclose? Are only violent deaths important? What about haunting? For some it would be considered ridiculous that a house is haunted. For others, it might break the deal. For my husband, it would be a feature.

The rules differ across the nation, with UFFI having to be warranted in an agreement of purchase and sale in some provinces and not in others. There are no warranties provided for things like; meth labs, grow-ops, asbestos, lead paint or pipes and a myriad of other potential issues. You can read more about UFFIand the lack of consistency and protection here.

So, what is a Buyer to do? First of all, you can ask for a Seller Property Information Statement (SPIS). This form, used in Ontario, with iterations in several other provinces, provides answers to many questions. The problem with the SPIS, is that many Sellers don’t want to fill them out. Sellers have been sued for their answers on an SPIS, despite the disclaimer that says “the information is being provided for information purposes only and is not a warranty as to the matters recited hereinafter even if attached to an Agreement of Purchase and Sale”. However, that does not stop you from asking the important questions in writing or even verbally to get the answers you need. In writing, of course, is always best.

One thing that many people and their Realtors don’t do is talk to the neighbours. They live right there. Go up, knock on the door and ask them about the home, the current and past owners and the neighbourhood. They may have all the information that you need. Don’t be afraid to ask. This is a major purchase that could impact you financially for many years. It’s only right that you have all the information that you require to make an informed decision.

Here is a great starter list to cover most of the big questions. Good luck and happy hauntin … I mean, hunting!

1. Are there any encroachments, registered easements or rights-of-way?
2. Are there any disputes concerning the boundaries of the property?
3. Are there any pending real estate developments, projects or applications for rezoning?
4. Are there any public projects planned for the immediate area? (new highways, windmills, expropriations)
5. Is the property designated as heritage, or in an area designated as heritage?
6. Are there any past or pending claims under any New Home Warranty program (like Tarion)?
7. Are there any possible environment problems or soil contamination on the property or in the surrounding area?
8. Are there any existing or proposed waste dumps, disposal sites or landfill sites in the immediate area?
9. Does the property ever flood?
10. Does the property have; an abandoned well, an underground fuel tank, a buried swimming pool or any other underground/hidden dangers?
11. Have you made any structural, electrical or plumbing changes and if so, did you get a permit and was it inspected?
12. Is the woodstove/chimney / fireplace in good working order?
13. Are you aware of any problems with the appliances or working systems (central air, vac, furnace)
14. Are there any moisture or water problems?
15. Are there any problems with the roof?
16. Are there any problems with the electrical system?
17. Are you aware of any stigmas associated with the property? (death in the property, haunting, crime location, bawdy house*)
18. Has the property ever been used for the manufacture or production of illicit drugs?

Talk to your Realtor.  A good Real Estate Professional can let you know any other questions that you should be asking for the specific area you are shopping in.

Don’t have a good Real Estate Professional? Contact us so we can hook you up with our elite referral service.

*I didn’t know I would ever get to use “bawdy house” in an article.