Is it illegal not to tell a homebuyer in SC that the house is ‘haunted?’ Here’s what the law says
It’s officially spooky season, a time for candy, horror movies and of course, haunted houses.
Now, you may not believe in ghosts or the supernatural, but there are plenty of people who do. And there are also more than a few homes scattered across the U.S. — some famous some not — that are reportedly haunted.
Much of the time, these haunted abodes have tragic backstories about a person or persons dying there.
But let’s say you own a reportedly “haunted” house in South Carolina and want to get rid of it. Do you have to tell a potential buyer about its ghastly history?
Here’s what to know.
Haunted homes in SC
South Carolina has no law on the books that requires home sellers to tell potential buyers that a property has a reported history of “hauntings” or supernatural activity. South Carolina is hardly outside the norm on this matter.
According to Tennessee-based law firm Kious, Rodgers, Barger & Sanderson, only four states — New York, New Jersey, Massachusetts and Minnesota — specifically note paranormal activity in their real estate disclosure laws.
In Minnesota and Massachusetts, the law states that it is unnecessary to disclose if a house is haunted. In New Jersey, a seller must truthfully tell a buyer if the property is haunted, but only if asked.
“New York State declared that sellers must disclose to buyers that they think a house is haunted only if they have already shared this opinion “to the public at large,”’ the law firm states. “But as long as they keep their supernatural encounters to themselves, they’re under no obligation to speak up when it’s time to sell the home.”
Deaths in homes
Hauntings are one thing, but what about deaths in a home? Some people can be wary of living in a home that someone died in, whether there’s a reported haunted there or not.
Does South Carolina law require sellers to tell a buyer that a person died in the home they’re purchasing?
It turns out that South Carolina also does not require free disclosure of death on a property. However, state law does not preclude action against an owner if they knowingly lie or otherwise misrepresent a death on the property if the buyer asks about it directly.
According to Zillow, South Carolina is one of just nine states that have laws around the disclosure of a death on a property.
“In California, sellers must disclose a death on the property within three years,” Zillow states. “In Alaska, a death within one year must be disclosed. In South Dakota, sellers must disclose a homicide on the property. In Connecticut, Delaware, Georgia, New Hampshire, New Jersey and South Carolina, sellers must disclose a death on the property only if asked.”
This story was originally published October 9, 2024 at 6:00 AM with the headline "Is it illegal not to tell a homebuyer in SC that the house is ‘haunted?’ Here’s what the law says."
