1 00:00:04,240 --> 00:00:07,200 Speaker 1: Hey, and welcome to the short stuff. I'm Josh. There's Chuck. 2 00:00:07,360 --> 00:00:10,440 Speaker 1: This is Josh talking, and there's Chuck sitting there waiting 3 00:00:10,440 --> 00:00:15,640 Speaker 1: on standby to launch this short stuff about real estate. 4 00:00:15,800 --> 00:00:20,960 Speaker 1: But wait, wait scary real estate. Yeah, and this is 5 00:00:21,000 --> 00:00:22,960 Speaker 1: one that you were pretty convinced we had done before. 6 00:00:24,560 --> 00:00:26,520 Speaker 1: We may have talked about it, I think I but 7 00:00:26,600 --> 00:00:29,040 Speaker 1: I cannot, for the life of me figure out where 8 00:00:29,600 --> 00:00:31,720 Speaker 1: Like we don't have We've never done an episode on 9 00:00:31,840 --> 00:00:34,879 Speaker 1: selling your house. We've never done one on haunted houses, 10 00:00:35,000 --> 00:00:38,120 Speaker 1: like we've done haunted house attractions, we did ghosts. But 11 00:00:38,640 --> 00:00:41,560 Speaker 1: I don't know where this would have come up. Yeah, 12 00:00:41,720 --> 00:00:44,640 Speaker 1: someone will know. Yeah, they'll be like, you guys really 13 00:00:44,680 --> 00:00:48,320 Speaker 1: screwed up again. This time you did a short stuff 14 00:00:48,320 --> 00:00:50,360 Speaker 1: with something you've done already. I quit. How could you 15 00:00:50,400 --> 00:00:52,159 Speaker 1: be such idiots? I'll never listen to you, and I 16 00:00:52,240 --> 00:00:54,800 Speaker 1: question everything you say from now on and everything you've 17 00:00:54,840 --> 00:00:59,560 Speaker 1: ever said, and stopped being so liberal. I hate you. 18 00:00:59,640 --> 00:01:03,320 Speaker 1: Stop talking about politics. Oh man, election, Your emails have 19 00:01:03,400 --> 00:01:05,679 Speaker 1: been fun. But this is about something else. This is 20 00:01:05,800 --> 00:01:09,120 Speaker 1: uh the scary season, and this is about something that 21 00:01:09,280 --> 00:01:12,080 Speaker 1: I was kind of curious of, uh, not that I've 22 00:01:12,080 --> 00:01:14,840 Speaker 1: ever looked at a haunted house. But I just kind 23 00:01:14,840 --> 00:01:18,200 Speaker 1: of wondered if your house is haunted, or at least 24 00:01:18,200 --> 00:01:20,600 Speaker 1: you think it is, and you believe in that kind 25 00:01:20,600 --> 00:01:23,479 Speaker 1: of thing, if you have to tell a potential home buyer, 26 00:01:23,840 --> 00:01:26,440 Speaker 1: if you have to disclose that, like, you know, the 27 00:01:26,440 --> 00:01:30,039 Speaker 1: basement links some the windows are fairly drafty, and there's 28 00:01:30,120 --> 00:01:35,440 Speaker 1: a spectrum the third floor. What excuse me, I didn't 29 00:01:35,480 --> 00:01:42,240 Speaker 1: catch that? Did you say a specter? The specter says, what, Yeah, 30 00:01:42,360 --> 00:01:46,080 Speaker 1: so your house is pretty old. Do you suspect it's haunted? No, 31 00:01:46,480 --> 00:01:49,040 Speaker 1: although it's funny you mentioned that last week. They were 32 00:01:49,080 --> 00:01:52,440 Speaker 1: like there was one night where a few weird things 33 00:01:52,440 --> 00:01:54,360 Speaker 1: happened and they weren't like noises. They were just like 34 00:01:54,800 --> 00:01:56,480 Speaker 1: all of a sudden, something would be in a weird 35 00:01:56,480 --> 00:02:00,720 Speaker 1: part of the house. Or uh, there were just a 36 00:02:00,760 --> 00:02:02,960 Speaker 1: few I can't remember what they were, but three very 37 00:02:03,000 --> 00:02:06,640 Speaker 1: not intuitive placements of things where I was like, did 38 00:02:06,720 --> 00:02:10,080 Speaker 1: you put this there? And it's like, uh what? And 39 00:02:10,080 --> 00:02:12,400 Speaker 1: then suddenly you guys look like little or Fananny with 40 00:02:12,440 --> 00:02:16,800 Speaker 1: cartoon sweat jumping off your foreheads and your pupils were gone. Maybe, 41 00:02:16,840 --> 00:02:18,360 Speaker 1: but and you know what kind of laugh We're like, 42 00:02:18,440 --> 00:02:20,920 Speaker 1: is this house haunted, but I think after, you know, 43 00:02:21,040 --> 00:02:23,399 Speaker 1: thirteen or fourteen years, we would have seen something by now. 44 00:02:23,760 --> 00:02:26,359 Speaker 1: So so I agreed, And sorry to get off truck 45 00:02:26,360 --> 00:02:27,840 Speaker 1: because I know this is short. So, but have you 46 00:02:27,840 --> 00:02:32,639 Speaker 1: watched The Haunting of bly Manner yet? Oh? My god, 47 00:02:33,360 --> 00:02:35,600 Speaker 1: is it really scary? Maybe the best of the best 48 00:02:35,639 --> 00:02:39,160 Speaker 1: anyone's ever put to film. It's so well done. It's 49 00:02:39,320 --> 00:02:41,760 Speaker 1: so great. And I wasn't a fan of the Haunting 50 00:02:41,800 --> 00:02:45,799 Speaker 1: of hill House. This is everything you wanted the Haunting 51 00:02:45,800 --> 00:02:48,800 Speaker 1: of hill House and basically every ghost movie or TV 52 00:02:48,919 --> 00:02:53,560 Speaker 1: show to be. It's so good man, you're going to 53 00:02:53,960 --> 00:02:56,760 Speaker 1: love it. I put it on par with like the 54 00:02:56,800 --> 00:03:03,560 Speaker 1: others and the Orphanage. Um, it's just beautifully done. Okay, awesome, 55 00:03:03,600 --> 00:03:06,680 Speaker 1: I'll check it out. Okay, I didn't see the other one. Yeah, 56 00:03:06,760 --> 00:03:08,160 Speaker 1: I watched a little of it and then just kind 57 00:03:08,160 --> 00:03:12,040 Speaker 1: of stopped. But but check this one out. Okay, all right. So, 58 00:03:12,040 --> 00:03:14,280 Speaker 1: so the question you posed was if you think your 59 00:03:14,280 --> 00:03:16,200 Speaker 1: house is haunted, do you have to disclose it? And 60 00:03:16,200 --> 00:03:19,560 Speaker 1: the short answer is no, you don't have to disclose it. 61 00:03:20,200 --> 00:03:23,520 Speaker 1: But the longer answer is, if you don't disclose it, 62 00:03:23,600 --> 00:03:25,680 Speaker 1: and you actually do think your house is haunted and 63 00:03:25,800 --> 00:03:29,519 Speaker 1: everybody else thinks your house is haunted, then you could 64 00:03:29,520 --> 00:03:32,040 Speaker 1: actually get sued if the person you sold your house 65 00:03:32,120 --> 00:03:34,920 Speaker 1: to finds out that the house is haunted and decides 66 00:03:34,960 --> 00:03:36,880 Speaker 1: they don't want to own a haunted house, and you 67 00:03:36,960 --> 00:03:38,840 Speaker 1: might have to give their money back. And now you 68 00:03:38,880 --> 00:03:41,240 Speaker 1: own two houses, the one you bought after you sold 69 00:03:41,280 --> 00:03:44,080 Speaker 1: that house and the one you sold originally. And that's 70 00:03:44,120 --> 00:03:47,360 Speaker 1: actually based on case law from the ninety eighties in 71 00:03:47,400 --> 00:03:49,840 Speaker 1: New York, isn't it. Yeah, there was a woman named 72 00:03:49,840 --> 00:03:53,600 Speaker 1: Helen Actley, and she and her family lived in an 73 00:03:53,600 --> 00:03:59,760 Speaker 1: old Victorian an upstate New York. And she claimed that 74 00:03:59,800 --> 00:04:03,320 Speaker 1: they had ghosts there and she didn't keep it quiet. 75 00:04:03,440 --> 00:04:06,680 Speaker 1: She was in the newspaper, she was in reader's digest. 76 00:04:07,240 --> 00:04:09,480 Speaker 1: She kind of talked to anyone who would listen about 77 00:04:09,600 --> 00:04:13,520 Speaker 1: they were on the ghost tour of the town. And uh, 78 00:04:13,640 --> 00:04:15,760 Speaker 1: everybody knew this, I guess except for the guy that 79 00:04:15,800 --> 00:04:21,280 Speaker 1: bought it one, Jeffrey Stambowski. And in nine he came 80 00:04:21,279 --> 00:04:23,640 Speaker 1: from New York City bought the place for a tidy 81 00:04:23,680 --> 00:04:26,560 Speaker 1: sum of six and fifty grand. Back in the eighties, 82 00:04:26,600 --> 00:04:29,200 Speaker 1: there was a lot. Yeah, totally, I mean, this must 83 00:04:29,200 --> 00:04:31,960 Speaker 1: be quite a house, and then the neighbors were like, oh, 84 00:04:32,000 --> 00:04:34,560 Speaker 1: so you bought the old haunted actually place and he 85 00:04:34,640 --> 00:04:40,600 Speaker 1: was like what and he got mad and uh sued 86 00:04:41,400 --> 00:04:43,919 Speaker 1: and originally the judge said no, sorry, it's kind of 87 00:04:43,920 --> 00:04:47,400 Speaker 1: buy or beware, and then that was overturned in an appeal. 88 00:04:48,000 --> 00:04:49,880 Speaker 1: And I think you should read the part of the 89 00:04:49,920 --> 00:04:54,120 Speaker 1: decision there. It's pretty good. Okay, this is me doing 90 00:04:54,160 --> 00:04:57,279 Speaker 1: an appeals court judge from New York reversing the decision 91 00:04:57,360 --> 00:05:03,039 Speaker 1: in Stambovski versus Actley. Okay, yes, whether the source of 92 00:05:03,080 --> 00:05:08,760 Speaker 1: the spectral apparitions seen by defendant Sela a parapsychic or psychogenic. 93 00:05:09,360 --> 00:05:13,440 Speaker 1: Having reported the presence in both a national publication Rioto's 94 00:05:13,520 --> 00:05:19,359 Speaker 1: Darn Dressed and the local press in nine and two, respectively, 95 00:05:19,880 --> 00:05:24,440 Speaker 1: wrote the court defendant is stopped prevented from going back 96 00:05:24,440 --> 00:05:27,120 Speaker 1: on our word to deny their existence, and as a 97 00:05:27,160 --> 00:05:32,160 Speaker 1: matter of law, the house is haunted. So for those 98 00:05:32,200 --> 00:05:36,359 Speaker 1: of you listening, this is just a little preview of 99 00:05:36,400 --> 00:05:40,120 Speaker 1: what's to come for our annual Halloween episode. I'm down 100 00:05:40,160 --> 00:05:43,440 Speaker 1: to one accent. Basically, I got one accent. He's doing 101 00:05:43,480 --> 00:05:49,200 Speaker 1: accents now, everybody twelve years in, I'm doing accent. It's 102 00:05:49,240 --> 00:05:51,480 Speaker 1: the best news that I've had in a long time. 103 00:05:52,440 --> 00:05:54,599 Speaker 1: Jash is doing accent. Well, I was doing it for 104 00:05:54,640 --> 00:05:56,800 Speaker 1: the Halloween episode, and I just thought I'd trot it 105 00:05:56,839 --> 00:05:59,120 Speaker 1: out for this. Yeah, because in real time we just 106 00:05:59,160 --> 00:06:01,240 Speaker 1: read that. But this will serve as a little teaser. 107 00:06:01,279 --> 00:06:03,520 Speaker 1: So just hold onto your hats for that one, everyone, 108 00:06:03,600 --> 00:06:05,719 Speaker 1: And in fact, maybe we should take a little break 109 00:06:05,760 --> 00:06:08,440 Speaker 1: and then I can get myself together and then come 110 00:06:08,480 --> 00:06:39,560 Speaker 1: back right after this. Okay, So chok. That judge reversed 111 00:06:39,560 --> 00:06:42,360 Speaker 1: the decision and staid, nope, I think you mean magistrate, 112 00:06:43,480 --> 00:06:46,880 Speaker 1: mrs actly, you have to give that six dollars back 113 00:06:46,920 --> 00:06:52,880 Speaker 1: to Mr Strombovski and um Or Stanbovsky. I'm sorry. And 114 00:06:53,279 --> 00:06:55,920 Speaker 1: she she did, she had she was stuck with two houses. Now. 115 00:06:56,080 --> 00:06:59,080 Speaker 1: The reason why, you know, traditionally with law, it's buyer 116 00:06:59,160 --> 00:07:03,200 Speaker 1: beware cavy emptor, which is basically saying like, if you 117 00:07:03,240 --> 00:07:07,719 Speaker 1: didn't take the time to examine a house, um you 118 00:07:07,720 --> 00:07:11,840 Speaker 1: you are it's your own fault, basically, But this this circuit, 119 00:07:12,320 --> 00:07:15,160 Speaker 1: the or the appeals court judge said, well, this is 120 00:07:15,200 --> 00:07:17,840 Speaker 1: a material defect. Everyone knows it's haunted. So if you 121 00:07:17,880 --> 00:07:19,920 Speaker 1: tried to sell it, whoever you sell it too, is 122 00:07:19,920 --> 00:07:21,880 Speaker 1: gonna find out it's haunted. So it's a problem unless 123 00:07:21,880 --> 00:07:24,880 Speaker 1: somebody wants to buy a haunted house, so it's affected, 124 00:07:24,920 --> 00:07:28,000 Speaker 1: the real estate is affected. But then secondly, you couldn't 125 00:07:28,040 --> 00:07:32,280 Speaker 1: possibly find this out just by examining the house, right, um, 126 00:07:32,360 --> 00:07:34,480 Speaker 1: And so that was that it's an old Victorian and 127 00:07:34,480 --> 00:07:38,960 Speaker 1: of state New York. You right, right, But he was 128 00:07:39,000 --> 00:07:41,680 Speaker 1: saying like so by or but ware doesn't doesn't um 129 00:07:41,920 --> 00:07:45,080 Speaker 1: doesn't apply in this situation, and actually overturned it. So 130 00:07:45,240 --> 00:07:47,840 Speaker 1: when he did that, there's no state laws on the book. 131 00:07:47,880 --> 00:07:50,960 Speaker 1: There's no state. I think Zillo did a survey. There's 132 00:07:50,960 --> 00:07:53,520 Speaker 1: no state that says you have to disclose whether people 133 00:07:53,560 --> 00:07:55,920 Speaker 1: think a house is haunted or not. But because that 134 00:07:56,000 --> 00:07:59,760 Speaker 1: decision was made, there's now um precedence for it, and 135 00:08:00,080 --> 00:08:01,560 Speaker 1: we can point to it when they try to see 136 00:08:01,600 --> 00:08:03,840 Speaker 1: other people and say, look, see other people have said 137 00:08:03,840 --> 00:08:07,720 Speaker 1: this is correct, so fine in our favor. Yeah. I 138 00:08:07,720 --> 00:08:12,320 Speaker 1: think Minnesota has UH in its disclosure law, something that 139 00:08:12,400 --> 00:08:16,720 Speaker 1: says you, um, it free sellers up from having to 140 00:08:16,840 --> 00:08:20,920 Speaker 1: disclose non material facts, including if the home has any 141 00:08:20,960 --> 00:08:24,960 Speaker 1: perceived paranormal activity. So it is actually listed, but it's 142 00:08:25,040 --> 00:08:28,200 Speaker 1: listed in reverse right, like saying if your house is 143 00:08:28,240 --> 00:08:31,040 Speaker 1: on it, you don't have to say so. Um. And 144 00:08:31,120 --> 00:08:34,920 Speaker 1: I think it depends on what state you're in, as 145 00:08:35,040 --> 00:08:37,840 Speaker 1: I mean, I guess this is precedent in New York, 146 00:08:37,920 --> 00:08:40,080 Speaker 1: But would that be true for everywhere? Yeah, I think 147 00:08:40,080 --> 00:08:42,120 Speaker 1: that that would apply in the country and possibly even 148 00:08:42,120 --> 00:08:45,960 Speaker 1: in other Western countries to um, because it's such a rare, 149 00:08:46,080 --> 00:08:49,440 Speaker 1: unique ruling, I think you could cite it else right. 150 00:08:49,480 --> 00:08:51,720 Speaker 1: I don't know if it would hold up, um, depending 151 00:08:51,720 --> 00:08:54,040 Speaker 1: on where you were, but it is legal precedents in 152 00:08:54,080 --> 00:08:58,680 Speaker 1: the United States. Yes. Well, there's a woman named Cindy Hagley, Uh, 153 00:08:58,760 --> 00:09:01,200 Speaker 1: Cindy with an eye and she is a real estate 154 00:09:01,200 --> 00:09:03,920 Speaker 1: broker in California who I think she was forced to 155 00:09:04,000 --> 00:09:05,960 Speaker 1: change the Y two and I when she became a 156 00:09:06,000 --> 00:09:09,440 Speaker 1: real estate broker. Yes, so she get died at with 157 00:09:09,720 --> 00:09:12,600 Speaker 1: balloon hanging above the sign that's right, that says open house. 158 00:09:14,160 --> 00:09:16,480 Speaker 1: She's with the Hagley Group and also president of something 159 00:09:16,480 --> 00:09:20,760 Speaker 1: called Past Life Homes, which is a business uh where 160 00:09:20,760 --> 00:09:25,520 Speaker 1: she consults to sell houses that may be haunted. And 161 00:09:26,280 --> 00:09:29,520 Speaker 1: her deal is She's like, listen, um, you've got to 162 00:09:29,559 --> 00:09:31,640 Speaker 1: disclose it. In a couple of cases, if it will 163 00:09:31,679 --> 00:09:34,080 Speaker 1: affect the value of a home, kind of like what 164 00:09:34,120 --> 00:09:36,599 Speaker 1: the court case said, like, Hey, like this thing, you 165 00:09:36,640 --> 00:09:38,760 Speaker 1: can't sell it for as much in the future, so 166 00:09:38,800 --> 00:09:41,800 Speaker 1: you have to say something. Uh. That's one reason. And 167 00:09:41,840 --> 00:09:45,120 Speaker 1: the other reason, she says, is if it's um open 168 00:09:45,280 --> 00:09:49,840 Speaker 1: and notorious, like if everybody in the town knows about this, 169 00:09:49,960 --> 00:09:52,320 Speaker 1: Like if just the person that lived there said, hey, 170 00:09:52,360 --> 00:09:54,320 Speaker 1: there's a ghost, trust me, all this weird stuff happened. 171 00:09:54,600 --> 00:09:57,520 Speaker 1: It's been a reader's digest. Yeah, if it's been a 172 00:09:57,520 --> 00:10:00,880 Speaker 1: reader's digest and it's on a ghost tour, she thinks 173 00:10:00,920 --> 00:10:03,719 Speaker 1: she feels like she has to disclose it. Uh. And 174 00:10:03,800 --> 00:10:07,320 Speaker 1: the other sort of sticking point here is if someone 175 00:10:07,640 --> 00:10:12,520 Speaker 1: asked directly, hey, is this old spooky farmhouse haunted, then 176 00:10:12,640 --> 00:10:14,640 Speaker 1: you have to answer if you know something, yeah, which 177 00:10:14,640 --> 00:10:18,280 Speaker 1: I think is pretty cool. But that's really really um, 178 00:10:18,360 --> 00:10:20,559 Speaker 1: that's a useful thing for everybody to know when you're 179 00:10:20,559 --> 00:10:23,840 Speaker 1: buying a house. Just always ask. I think it's I mean, 180 00:10:24,000 --> 00:10:25,760 Speaker 1: what the worst they could do is be like you're 181 00:10:25,760 --> 00:10:29,240 Speaker 1: a cuckoo, but yeah, I know. Then just just send them, 182 00:10:29,400 --> 00:10:31,320 Speaker 1: send them our way and tell him to listen to 183 00:10:31,320 --> 00:10:33,200 Speaker 1: this episode and they'll be like, oh, Okay, now that 184 00:10:33,280 --> 00:10:36,840 Speaker 1: makes sense. But what about if it's not necessarily haunted. 185 00:10:36,880 --> 00:10:41,520 Speaker 1: What about if there was you know, if father killed 186 00:10:41,520 --> 00:10:43,640 Speaker 1: all of his family in their sleep one night twenty 187 00:10:43,720 --> 00:10:47,560 Speaker 1: years ago. Creepy chuck. So that would be something that's 188 00:10:47,600 --> 00:10:52,360 Speaker 1: called psychologically affected real estate UM or stigmatized real estate, 189 00:10:52,679 --> 00:10:54,560 Speaker 1: something that was like the side of a murder, a 190 00:10:54,679 --> 00:10:59,880 Speaker 1: meth lab um, the something that's openly and notoriously haunted, 191 00:11:00,000 --> 00:11:03,800 Speaker 1: as are called stigmatized properties. And when it comes to 192 00:11:04,040 --> 00:11:06,600 Speaker 1: an actual physical death, not a haunting or anything like that, 193 00:11:06,600 --> 00:11:09,240 Speaker 1: but somebody has died in the house, especially if they've 194 00:11:09,280 --> 00:11:13,520 Speaker 1: died violently, whether by suicide or by homicide. There are 195 00:11:13,559 --> 00:11:16,400 Speaker 1: actually some states that say you have to disclose this. 196 00:11:16,760 --> 00:11:20,160 Speaker 1: Almost all states don't say you have to disclose it again, 197 00:11:20,200 --> 00:11:23,319 Speaker 1: though you would be probably better off in the long 198 00:11:23,400 --> 00:11:27,000 Speaker 1: run just to cover your your bass legally afterward, to 199 00:11:27,080 --> 00:11:30,400 Speaker 1: disclose it after you're basically signing papers. You're like, by 200 00:11:30,400 --> 00:11:33,640 Speaker 1: the way, you know, my grandmother died in this in 201 00:11:33,800 --> 00:11:36,679 Speaker 1: your bedroom, um, and then just run out the door 202 00:11:36,720 --> 00:11:40,120 Speaker 1: with their check. But in Alaska, California, and South Dakota, 203 00:11:40,160 --> 00:11:43,080 Speaker 1: you actually are required to disclose it ahead of time, 204 00:11:44,280 --> 00:11:48,360 Speaker 1: right and so if someone said is blind man or haunted, 205 00:11:49,760 --> 00:11:55,959 Speaker 1: you would have to say, oh, yes, this is pretty 206 00:11:56,000 --> 00:11:59,360 Speaker 1: cool stuff it is. I love stuff like this. Um 207 00:11:59,400 --> 00:12:03,640 Speaker 1: so yeah, I guess The thing here is to be truthful, 208 00:12:04,080 --> 00:12:08,160 Speaker 1: is to be honest and open about everything from homicides 209 00:12:08,200 --> 00:12:11,040 Speaker 1: to hauntings too. If you've been making math, you know, 210 00:12:11,360 --> 00:12:13,600 Speaker 1: let the people know. I've been making math here, No 211 00:12:13,679 --> 00:12:19,280 Speaker 1: big deal. This house is probably just infected forever. Right. Well, 212 00:12:19,280 --> 00:12:23,480 Speaker 1: that's it. That's it about distressed real estate. And if 213 00:12:23,480 --> 00:12:25,560 Speaker 1: you want to know more about it, go home shopping 214 00:12:26,000 --> 00:12:27,600 Speaker 1: and see what you find and let us know what 215 00:12:27,679 --> 00:12:30,400 Speaker 1: you find too. And in the meantime, Short Stuff is apt. 216 00:12:33,640 --> 00:12:35,920 Speaker 1: Stuff you Should Know is a production of iHeart Radio's 217 00:12:35,920 --> 00:12:38,640 Speaker 1: How Stuff Works. For more podcasts for my heart Radio, 218 00:12:38,760 --> 00:12:41,600 Speaker 1: visit the iHeart Radio app, Apple Podcasts, or wherever you 219 00:12:41,640 --> 00:12:42,840 Speaker 1: listen to your favorite shows.