Selling Haunted Houses

Question: Can I sue a home seller in Ontario if they did not disclose that the house is haunted, and what should I do next?

Answer: In Ontario, Olson Craig Legal can help you and your Lawyer & Paralegal understand whether a “haunted” condition could be treated as a latent defect or other material issue that needed disclosure during negotiations, and how to document facts (for example, any verified reports, permits, prior listings, or communications) while avoiding claims based only on rumours.   While a lawsuit based solely on spooky gossip may be unlikely, sellers should provide full disclosure of known latent defects that could affect habitability or pose risk, and they should avoid statements that may stigmatize the property without a factual basis, because “haunted” talk can create valuation and negotiation disputes.   If you’re considering a claim or you want to reduce your own legal risk in a sale, call (226) 886-2001 to speak with Olson Craig Legal about your situation in Ontario.

Does the Seller of a House Need to Disclose That the House Is Haunted to the Buyer?

While It Is Unlikely That a Lawsuit About Whether a House Is Haunted Would Succeed In Court, It Is Always Best That a Seller Provides Full Disclosure to a Buyer and Then Refrain From Stating Anything That May Stigmatize a Property.

Understanding the Law Regarding Disclosure Obligations When Selling a House Perceived As Haunted

In the case of 1784773 Ontario Inc. v K-W Labour Association et al, 2013 ONSC 5401, a seller was subsequently sued by the buyer when the seller spread rumours that the house was haunted and that such was a detail the seller failed to previously disclose to the buyer.  The buyer, concerned that rumours of the haunted status may cause a stigma with resulting harm in the form of reduced property values and the claim sought compensation for failing to disclosure the haunted status during the sales negotiations.

The Law

As for proper disclosure of defects or other concerns during real estate negotiations, a seller is obligated to inform the buyer of any latent defects that may be dangerous or otherwise make the premises unfit for the intended use. This law was established within McGrath v. MacLean et al., 1979 CanLII 1691, and subsequently followed by many cases.

As for the concern involving failure to disclose that a house is haunted, the court in the 1784773 Ontario Inc. case determined that as the statements regarding the haunted status were made jokingly and the Plaintiff was without actual evidence to prove that the house was actually haunted, the case was dismissed.  Of course, it is interesting to wonder what the decision of the court would be if some evidence of paranormal activity was available.  In another legal dispute regarding a haunted house, the case of Manitoba Free Press v. Nagy, [1907] S.C.R. 340, was reviewed by the Supreme Court of Canada following allegations of that a newspaper for published an article containing suggestions that a vacant house was haunted.

Summary Comment

The chances of getting sued for spreading a rumour that a house is haunted is slim, a former owner of a house should avoid spreading rumours that may adversely affect the value of the property. A seller limits the risk of legal trouble by providing proper disclosure during the selling process and thereafter keeping quiet.