Do we have legal ground or a case if certain facts were not disclosed about the house that we bought?
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Do we have legal ground or a case if certain facts were not disclosed about the house that we bought?
My husband and I bought a house 3 months ago. Then last month, an episode of a TV program aired our house as a haunted house. We had no clue whatsoever from the seller, agent, previous owners or TV network that our new home would be broadcasted on TV, nonetheless haunted. Now people are posting pictures of our house on FB, our address and driving by spotlighting our property. We have called the sherrif to our property, I receive comments online, at work and in town. The matter has affected our privacy. The house is on 4 gated acres, down a dead end dirt road. We should not have this type of problem. Do we have any kind if case for negligence, non-disclosure, fiduciary duty etc.?
Asked on August 5, 2019 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
No, unfortunately, you do not. There is no obligation to disclose a claimed or alleged "haunting," since the law does not recognize hauntings as real. Without an obligation to disclose, something, there is no cause of action (e.g. legal claim) for a failure to disclose. There is also no cause of action for what someone did in or about a home (e.g. allowed filiming of it) prior to selling it, since when you buy a home, you are only buying the physical land and structure and the rights (e.g. title) to it and are not buying any sort or warranty or guaranty about what happened in a home or how it was publicized previously.
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