Disclosures:
What Do You
NOT KNOW
about the Home You Want to Buy?
By Maribeth Lynch, THRIVE Real Estate Specialists of Shrewsbury MA
I firmly believe in arming my clients with all the facts available about a property so that they can go into a home purchase with eyes wide open. However, U.S. states differ when it comes to requiring a seller to disclose certain features of a property. As it happens, in Massachusetts, the rule of law is “caveat emptor,” which means “let the buyer beware.”
You might be surprised to learn that there is quite a bit of information about a property that a seller is not required by law to voluntarily disclose to a prospective buyer. This means that the burden is on the buyer – and the buyer’s agent – to ask the right questions to reveal any hidden information that is not immediately noticeable about the property. The seller or seller’s agent is then obligated to answer any such questions honestly.
With Halloween approaching, there are plenty of opportunities to get spooked. Don’t let your new home be one of them! You may not be aware that one of the real estate disclosures not required by law is the revelation of a haunting. Certain other historical characteristics of a property are also not required disclosures under Massachusetts law, such as murders and violent acts, criminal activity, or previous owners or residents with an unsavory history.
When something sinister, distasteful, or scandalous has occurred in a home, the house is then termed a stigmatized property. Here a few types of stigma that might make a buyer think twice about purchasing a home:
Criminal:
If a crime was ongoing on the premises of a certain property, the home would fall into the category of criminal stigma. If the home was used as a brothel or drug den, for example, former patrons might continue to seek out illegal services on the premises, to the annoyance or dismay of the new owners.
Murder/Suicide:
This one is pretty self-explanatory. Many buyers would prefer to shy away from a property with a violent or gruesome history in which a murder, suicide, or even a death has occurred.
Phenomena:
While many people do not believe in the paranormal, some buyers might be inclined to steer clear of a home that has a history of hauntings, ghost sightings, or other supernatural activity. In a case of phenomena stigma, the haunted history of a home is unlikely to be widely known, but instead restricted to the local populace or even just the previous residents of the house.
Public:
A public stigma pertains to a widely-known history of the home that might lead it to be of public interest or considered an attraction that members of the public might seek out. An example of this might be a home in which a known murderer has lived – even if no murders were committed on the property. Another example is a home like the house in The Amityville Horror, with a widespread reputation as a haunted house.
I strive for transparency with all of my clients. I feel it’s best for everyone involved that I share all information I have available about a property up front, and if there are specific questions or doubts, I’m here to help my clients uncover the truth. But it’s important to realize that since sellers aren’t obligated under Massachusetts law to disclose certain information, buyers may not always have the advantage of an agent who is willing to dig around under the surface of a sale.
While I pledge to my clients to be upfront with any details of a home’s history that might make them think twice about buying it, not everyone is so forthcoming. Protect yourself by asking the right questions to elicit all the information you need to avoid buying a house with a skeleton in the closet.
For more information on buying homes in Massachusetts or to contact Maribeth, visit www.thriverealtors.com/contact-us.
“Anthony’s advice and assurances during these times helped us achieve another record-breaking year, states Maribeth Lynch, Founder of Thrive Real Estate and Lamacchia Realty REALTOR®.
“When the opportunity to merge with Lamacchia arose, the timing was perfect. We knew both our clients and agents would benefit from this partnership, allowing everyone to THRIVE. Having gotten to know the leadership team at Lamacchia has made our decision to merge with them an easy one. Our values are very much aligned, and we know that offering their robust marketing and training will benefit both our clients as well as our beloved agents.”
Along with Maribeth and Rick, five REALTORS® will join Lamacchia Realty, including
Briana Willander,
Ashley Davidson,
Whitney Andrews,
Mike Andrews, and
Tracey Calo. REALTORS® of Thrive are like-minded professionals who work in unison and pride themselves on local knowledge and creative problem-solving, all for the benefit of clients.
As the broker-owner of Thrive Real Estate Specialists, Maribeth has been and will continue to be devoted to serving both her clients and her community with integrity, sincerity, and a can-do attitude. Her firm welcomes opportunities to give back and be charitable in meaningful ways and Maribeth believes in the importance of service. The Massachusetts Commission on the Status of Women selected her as a 2022 recipient of The Commonwealth Heroes Award, and she was a 2021 recipient of the Gratitude Project Award from the Massachusetts Association of REALTORS®.
“We are so happy to have Maribeth, Rick, and the rest of the Thrive group joining forces with the company, states Jackie Louh, Chief Operating Officer, Lamacchia Realty. “Maribeth is a well-known and respected Broker in Worcester County, and we are honored that she chose Lamacchia. We are excited to grow even more in that area and Maribeth is the perfect person to help us do just that!”
Maribeth along with the REALTORS® at Thrive Real Estate has been involved with many organizations over the years, most recently: REALTOR® Association of Central Mass- Committee Chairman, Broker/Owner Task Force, REALTOR® Association of Central Massachusetts- Board of Directors 2025, Shrewsbury Zoning Board of Appeals, Chairman, Shrewsbury Town Center Association, Founding Member, Shrewsbury Yuletide/Light the Commons, Committee Member, among many more. In addition to being involved, they also advertise and support the College of the Holy Cross where Thrive is prominently displayed on scoreboards and other places.
Lamacchia Realty’s already very aggressive marketing campaign in the region will dramatically boost the company’s market reach and help add more top-rated REALTORS® to the Shrewsbury office. The marketing plan features billboards on Route 9 and other major roadways, social media posts, postcards, newspaper ads, and much more.
All home buyers, sellers, tenants, landlords, REALTORS®, and other brokerages in the area should know that it is business as usual at the company. There will be no interruptions in service to any clients anywhere. In the weeks to come Lamacchia’s management team and staff will work with Maribeth, Rick, and all the REALTORS® at Thrive who are now Lamacchia Realtors to slowly implement Lamacchia’s suite of lead products, services, training, technology, and more.
This marks Lamacchia Realty’s ninth acquisition in Massachusetts in the past year with the prior acquisitions in Pittsfield with Home Sweet Home Real Estate, Dalton with Berkshire Dream Home, Easton with Briarwood Real Estate, Auburn with Emerson Realtors, Springfield with Sears Real Estate, Falmouth with Foley Real Estate, Fall River with Right Choice Real Estate, and Seekonk with Keystone Property Group. Lamacchia Realty is excited to bring on even more REALTORS® in MetroWest and Central Massachusetts markets in the weeks and months to come.
As a full-service, value-based brokerage, Lamacchia Realty’s mission is to empower its staff, REALTORS®, and clients to achieve success. The company provides unmatched training, systems, and technology, equipping employees with the tools they need to thrive and grow in their roles. Lamacchia Realty takes great pride in its strong culture of support, which has contributed to an impressively high retention rate. Culture is at the heart of the company, with every staff member and agent playing an integral role in maintaining and enhancing it, helping them continue to grow!
