Overmeyer Law

WHEN THE PROPERTY YOU PURCHASED IS HAUNTED. WHAT THE LAW SAYS…

The presence of a ghost in a home is not something that most home inspectors would be able to detect during a routine inspection. Ghosts are usually invisible and therefore may not be discovered or “show themselves” until after a new owner has settled in. What happens when a seller fails to disclose to a buyer that they would have to share their home with spirits?

In Ontario, this question was considered in 178477 Ontario Inc. v K-W Labour Association et. Al. 2013 ONSC 5401. In this case, the plaintiff purchased a commercial property from the defendant in September 2010. Two months later, a local newspaper article quoted the director of the defendant vendor as stating that a number of people had seen “somebody moving around in there and there is nobody there.” This alleged haunting was not disclosed before the property was sold. The plaintiff’s commenced legal action on the basis that this was a latent defect that was not disclosed to them.

The court ruled that there was no obligation on the vendor to disclose the alleged haunting, and the vendor was not liable for damages for a latent defect.

Under Ontario Law, the seller has no obligation to disclose ghostly apparitions, or even if the house was a site for a murder, su***de or accidental death. The principle of “buyer beware” applies, and the onus is on a buyer to conduct due diligence. If paranormal activity in a home is not something you would like to contend with, ensure you do your research on a property’s history before making an offer.

Always a pleasure working with Sameera Malik and the team at Chicago Title! Thank you for looking after the interests of our clients! Happy Holidays and thank you for the thoughtful gifts #