Jeffrey L. Seglin
 

Sound Off

In the Sound Off section of The Right Thing column, Jeffrey Seglin solicits reader response to everyday ethical dilemmas: Is it OK to use sex appeal to get ahead in the business world? Is it ever all right to encourage a child to use force to stand up to a bully?

Readers send opinions via e-mail _ some of which are featured in future Right Thing columns. The rest are posted HERE ON The Right Thing Web site. This popular interactive feature helps take the pulse of the nation by allowing readers from coast to coast to weigh in with ideas about The Right Thing to do in various situations.

Do you have an ethical problem you need help with? Send your questions to Jeffrey L. Seglin at rightthing@nytimes.com, and look for the answers in upcoming columns.

See readers' opinions to these recent questions:

- Should a real-estate broker tell the potential buyer about a murder that occured in a house, regardless of whether he or she was asked?
- Does an elected official have an ethical responsibility to keep tabs on where political contributions are coming from?
- Is it right to enact punishment before trial?
-- Is it ever all right to encourage a child to use force to stand up to a bully?
-- Is it OK to hide behind anonymity when voicing a complaint or criticism?
-- Is it OK to use sex appeal to get ahead in the business world?


SOUND OFF: A HOUSE WITH A HISTORY

In January 2002, in a still-unsolved case recounted in the best-selling book, "Invisible Eden," Christa Worthington was murdered in her house in Truro, Mass. The Cape Cod Times recently reported that an offer had been made to buy the house.

When asked if he had told the potential buyer that a murder had occurred in the house, real-estate broker Nick Brown said: "We go strictly by the Massachusetts Association of Realtors guidance, which is: If asked directly, we verify. If not asked directly, we do not."

Should the broker have told the buyer about the murder regardless of whether he was asked?


Send your reponse via e-mail to rightthing@nytimes.com.

HERE'S WHAT READERS ARE SAYING:

Mary Tengdin

Costa Mesa, California

The Orange County Register

I am a married stay at home Mom.

My husband works long hours away from the house and our one child is in school. We do not have a dog and I am alone many hours of the day. If I bought a home and found out someone had been murdered in it I would be very concerned.

Why was this person murdered? Was the murderer caught? If so, were they in prison? If the murderer wasn't caught, would they be coming back to murder again? Did the murderer live in the house? If so, did they bury people in the yard? Don't sell me a house without disclosing that it is a crime scene first.

Let me decide if I want to make a home there.


In regards to your question of whether or not a real estate agent should tell a would-be buyer about a murder without being directly asked, my answer is "no".

As an interested buyer, it is my responsibility to make sure that I ask all of the questions that I feel are important to me. If I, the buyer, fail to ask about something along those lines, then I am to blame.

A party was once held at my parents house. This was the house in which I was raised. Someone decided to selfishly commit suicide in our hot tub. Five years later, the house was sold. The hot tub had long since been removed, and the memory was locked away. Had the buyer asked about any situations, we would have told them.

In my opinion, if a prospective buyer likes a house enough to buy it, why should their view be tainted by details? As long as you play by the real estate rules, of course.

 

Joe Patton Anaheim Hills, CA

 


Dear Mr. Seglin:

My name: Enea Ostrich, Seal Beach, CA

Name of newspaper read: Orange County Register

Article called "When not to follow the rules"

Date: 4/24/04

Regarding the ethical question of whether a realtor should divulge that a murder has occured in a house they are selling, I say yes! I know that when I purchased my home, for instance, I had heard through neighbors that something had happened to one of the owners, and there was rumor that she died in the house. No one was able to tell me any details, even the realtor, but I did find out from a friend of mine (coincidentally) who lived in the house at the time the incident happened. She told me that the woman who died was her grandmother, who died of lung cancer. My friend told me that her grandmother was as comfortable as she could be before her death, and her wish was to be at home to die and not some cold hospital.

I feel that it makes a big difference to a potential buyer of a home Knowing whether or not a violent death in the home has occured. What if there is a haunting when they move in, and they didn't know about it prior?

If a potential buyer knows ahead of time, I say they could be better prepared to deal with whatever comes their way. Also, I believe that in this day and age that not everyone will be spooked away from a home just because of a murder. The History Channel has had several series on this kind of phenomena, and I believe that if the right amount of people watched those shows, they would know that there is a way to deal with hauntings, in case they arise, and it wouldn't necessarily deter them from purchasing a fine home.

Enea Ostrich Seal Beach, CA

 

Here are my thoughts on this as a former Realtor here in Southern California.

1. January, 2002 was only a little less than 2 years ago. If the murder had been 10 years ago, this issue is more debatable. With such a short length of time, it is more ethical to disclose. It will probably effect the price negatively. Many people will not care but plenty of others will most definitely be turned off about the house. As such, I would consider it a material fact that needs disclosure. It is potentially a deal breaker.

2. In general, I stayed out of trouble by using the following guideline. Whenever I was not sure, I always disclosed.

Eileen Ganong

San Clemente, CA

Orange County Register

The broker should have definitely told the buyer about the murder. There are things in the spirit realm that can have a devastating effect on the future occupants. The is not some weird phenomenon, but demonic activity is a real occurrence and the new owners could have things in their background that can resurface with exposure to this setting, which can eventually lead to a lawsuit for emotional damage. On the other hand it may not make a difference to another person, but all should be told up front....honesty is always the best, for the reward is great.

Katherine Robinson Fullerton

The Orange County Register

I was shocked that the real estate agent who sold Christa Worthington's house did not have to disclose to the prospective buyers that the home was once a murder scene.

It's pretty slick to have a rule that this type of information is only disclosed by the realtor if asked directly. I think the rule takes advantage of the fact that murder/violent crime does not cross many buyers' minds when shopping for a new home. If they don't know, I think the new owners will be horrified to hear from their neighbors of the prior owner's unsolved murder in their new home and also outraged that it was never mentioned to them by the realtor.

Besides the spook factor, the new owners will have to also contend with the gawk factor and the stigma of living in "that" house; something that they were not given a fair chance to think over first before signing on the dotted line!

Carol Chase

Plymouth, MA

Absolutely the broker should have told the buyer about the murder.

He may find himself, as well as the seller, slapped with a lawsuit when the buyer discovers it. As a realtor I always disclose anything I know about a property. The buyer is entitled to this information, and while some agents/brokers may think it is up to the buyer to come up with it, I disagree.

Donnie Benson

Salt Lake City, Utah Salt Lake Tribune

 

Jeffrey... Don't know about Massachusetts, but I believe that California law requires such information to be revealed to a potential buyer. (Ahem, don't some East Coast states require that real estate brokers/sellers tell potential buyers about reported ghosts or hauntings?)

Laws aside, however, the broker is ethically/morally bound to tell the prospective buyer about the home's history. Much as such a revelation might cost a sale or reduce the buyer's bid price, it just seems right to let the buyer know about the murder. (Then again, let's also not forget that some buyers are intrigued by the macabre.)

On a more practical note, as a broker I'd want to tell the buyer(s) about the killing, lest the perpetrator or/and his/her friends someday decide to return to the scene and "finish the job," putting the new owners at serious unexpected risk and putting me in jeopardy of being sued for failure to disclose.

 

As for my own ethical question... You go to a fast-food restaurant and place your order at the drive-thru. The total bill is $8.95. You hand the drive-thru cashier a $10 bill, but he/she gives you change for a $20. Do you take the money and run/drive? Or do you point out the error?*

Michael C. Westlund

Garden Grove, CA

A reader of: The Orange County Register (per the 26 April edition)

*I immediately try to correct the error -- even if it means I have to drive back to the joint. Why? Because what goes around comes around...and more to the point, I still have to look at that man in the mirror. I guess the top execs at Enron and WorldCom didn't have mirrors, eh?

 

 

Here is my answer to your question in today's column about following the rules.

Just like in many other situations, it depends. Is the incident going to adversely affect the potential buyer in any way? Will the police ask to come back into the house? Then the buyer should be told as a disclaimer if asked.

However, would the incident or absence of the incident impact the buyer less that particular future event? My answer is probably not. Chances are you're probably never going to find out what happened in a house before you lived there - nor are you really entitled to know unless it affects you as a homeowner and your quality of life or through financial means.

I read this in the Orange County Register.

I'm from Anaheim, Ca.

GO ANAHEIM ANGELS!

Josanna E. O'Neil

 



DISCLAIMER:
The opinions expressed in the e-mails to The Right Thing: Sound Off section of this Web site are solely the views of the those who sent them. They do not reflect the views of Jeff Seglin, The New York Times Syndicate or The New York Times Company.

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