Our quiet little suburbs don't normally get too much press coverage. But our area has had some stunning cases hit the news lately. A 9-year old girl was raped and murdered by a neighbor while playing in the parking lot of the apartment complex where she lived; the horrific crime occurred in the basement of the apartment building. A teenage boy was shot and killed by his father in their home; the father acted in self defense. A very well-known local veterinarian is accused of killing his pregnant girlfriend. Another man was killed during a well planned home invasion purported to be carried out by the man's nephew and some of his friends only looking to steal money. The "friends" beat the man to death.
These cases bring up some sticky questions for Realtors. According to the guidelines of the Fair Housing Act and preventing blockbusting, real estate agents are not supposed to discuss the crime statistics of a particular area.
However, the real estate community recognizes the desire of buyers to live in a safe neighborhood.
But what constitutes safe?
While all of these cases mentioned are extremely upsetting and heart-wrenching, none of them are likely to occur again within the same neighborhoods. In plain language on the Pennsylvania Agreement of Sale, buyers are encouraged to check with the local municipalities, police departments, and the PA State Police Registry of sexual predators.
What about disclosure?
Sellers and their agents are supposed to disclose known material defects affecting a property. A material defect is defined as, “a problem with a residential real property or any portion of it that would have a significant adverse impact on the value of the property or that involves an unreasonable risk to the people on the property.”
Is a predator next door a material defect? What if the predator is a block away? A mile away?
However, in the case I mentioned in the beginning, the man accused of the young girl's death was not on a sexual predator list. No one could have predicted this horrific crime or any of the others.
The first case also happened in an apartment building, so is it related in any way to real estate? Well, there is a landlord, should he/she disclose this event to future tenants or an investor considering a purchase of the building? A few of the houses surrounging the building have popped up for sale since the incident and unfortunately appear to be hindered by this crime.
There are cases where a murder or death occurred in a property for sale. Does it matter if it was a heart attack in the driveway or a murder-suicide in the master bedroom? Even the courts don’t agree on whether or not a murder or death on the property constitutes a material defect.
In Philadelphia where crime and murders are more common, real estate agents have been advised not to disclose a death in the property because it is believed that such disclosures will further deteriorate already “bad” neighborhoods. But this is information most buyers would want to know.
Does the level of press make the difference? JonBenet Ramsey's house has been on and off the market for the last three years, still encumbered by the stigma that surrounds it. Some people simply do not want to live in a house where something tragic occurred. Yet, so much tragedy can occur without someone dying. Who would ever want to buy Phillip and Nancy Garrido's home?
Should real estate agents discuss any of these incidents with buyers who may want to move to the area?
There are no clear cut answers to some of these questions. Buyers should always perform their own due diligence and research the areas they want to live. Check with local authorities. Visit the area at different times of the day. Talk to neighbors. Get a feel for the community and surrounding area.
~Lisa
Contact Scott Loper, Associate Broker, Realtor®, RE/MAX Realty Group at 215-513-1333 for help buying or selling a home in Lansdale, Harleysville, Hatfield, Souderton, Skippack, Collegeville, North Wales and the surrounding areas of Montgomery County of Pennsylvania. To Search for Homes For Sale in Montgomery County Click Here.
Should Realtors Discuss Crimes and Incidents with Buyers? - Copyright © 2011, The Scott LoperTeam, All rights reserved.
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The Scott Loper Team
Scott Loper - Associate Broker
Lisa Loper - Sales Associate
Gina Wherry - Sales Associate
RE/MAX Realty Group
439 Main Street
Harleysville, PA 19438
Ph: 215-256-1200 x-213
