how to ask my lawyer about a stigma property?

Can a real estate agent ask you questions about stigma?

If there are stigmas that bother you, your real estate professional can ask a seller or the seller’s real estate representative direct questions about any existing stigma associated with a property you’re interested in. The seller or the seller’s representative is not legally required to answer questions about stigma; however, they can’t lie.

Do you have to disclose a stigma when selling a property?

“If the stigma is universally known to affect the property’s value, you must disclose it,” he says. A natural death at a property, such as a senior dying in bed at home, may not bother some buyers, but it may disturb others.

What is the most common stigma associated with buying a property?

In his Newmarket office, the most common stigma involves a property’s location near a graveyard. He always discloses the proximity of a graveyard to buyers interested in a property that is near one.

How can Realtors® avoid stigmatizing issues with the seller?

However, to avoid problems for the seller in the future, REALTORS® are advised to have a discussion with their seller about stigmatizing issues and disclosure.

What is considered a stigmatized property?

The National Association of REALTORS® defines stigmatized property as: "a property that has been psychologically impacted by an event which occurred, or was suspected to have occurred, on the property, such event being one that has no physical impact of any kind."

Which stigmatized property category is illegal to disclose?

disclose structural or latent defects to a potential purchaser. A stigmatized property is one that pertains to all of the following, except: registered sex offenders. a death on the property.

Is a stigmatized property a material fact?

Pennsylvania. The Pennsylvania Supreme Court found in the case Milliken v Jacono that they were unwilling to accept that “psychological stigma... constitutes a material defect”. Therefore, real estate agents and their seller clients do not have to disclose such facts.

Why is it important for licensees to understand the definition of a stigmatized property?

Why is it important for licensees to understand the definition of a stigmatized property? So they can make any required disclosures. Lucas, a landlord, repeatedly refuses to abide by an EPA order that he abate lead-based paint hazards in one of his rental properties.

What rule is used to remind an agent to disclose conditions surrounding a stigmatized property to a buyer?

If you remember that, then it is easy to understand what a stigmatized property is. Check your local jurisdiction for the local rules regarding this, but as a general rule, the rule "caveat emptor" applies, which is Latin for "let the buyer beware".

What is mortgage puffing?

Definition: The term puffing refers to “extravagant claims made by sellers in order to attract buyers.” In plain terms, puffing is an exaggeration of a fact. Many people including real estate agents are guilty of puffing.

What is a psychologically impacted property?

The National Association of Realtors defines a stigmatized prop- erty as “a property that has been psychologically impacted by an event which occurred, or was suspected to have occurred, on the property, such event being one that has no physical impact of any kind.” A property can qualify as stigmatized if a murder, ...

What is the best way for a buyers agent to determine if there is a stigma in a property?

If it's important for you to know if you could be purchasing a stigmatized property, start by asking the agent and seller if there are any stigmas associated with the home. You should also Google the full address, street name and city to see if there are any recent news articles about the property or area.

Is a murder material fact?

a statement, representation or promise which is false, misleading or deceptive (whether to the knowledge of the person or not) or; by concealing a material fact (whether intended or not).

Which is the best method to identify a property?

That's why using a legal description is the most accurate way to identify real estate. A legal description can be long and look complicated, but it's a more precise method of describing where a property is located.

What means stigmatized?

verb (used with object), stig·ma·tized, stig·ma·tiz·ing. to set some mark of disgrace or infamy upon: The crime of the father stigmatized the whole family. to mark with a stigma or brand. to produce stigmata, marks, spots, or the like, on.

Do you have to disclose a suicide in a house in California?

In California, for example, any death on a property (peaceful or otherwise) needs to be disclosed if it occurred within the last three years. The seller must also disclose any known death in the home if the buyer asks.

What is a property stigma?

A property stigma is an unfavourable quality in a property or one that makes the property less attractive or unattractive, but that is unrelated to the physical condition or features of the property. Stigmas may include: a suicide or death that occurred in the property. the property was the scene of a major crime.

When shopping for a home, should you talk to your real estate agent?

When you’re shopping for a home, you’ll likely talk to your real estate professional about the features you’re looking for; you should also discuss the things you want to avoid.

Can a seller lie about a stigma?

The seller or the seller’s representative is not legally required to answer questions about stigma; however, they can’t lie.

Can you lie to potential buyers about stigma?

You are not legally required to do so. If you choose to answer a potential buyer’s question about stigmas, you must do so honestly. You cannot lie to potential buyers about stigma.

Do you have to disclose property stigma?

What one person finds unacceptable may not be a stigma to another. Generally speaking, sellers are not legally required to disclose property stigma.

Can you refuse to answer a potential buyer's question about stigmas?

refuse to answer the buyer’s question (s) If you choose to answer a potential buyer’s question about stigmas, you must do so honestly.

Does stigma affect property value?

You may be worried that disclosing a stigma will negatively affect the value of your property. On the other hand, if you aren’t willing to answer questions about possible stigma, it may scare some buyers away. Ultimately, it is completely your decision whether to disclose stigma.

What happens if a realtor doesn't disclose a stigma?

If a REALTOR® doesn’t disclose a stigma, there may be a lawsuit or a complaint to RECO afterwards. Disclosure is a way to prevent that argument and hassle later on.”. If you are a buyer representative, you must disclose the existence of a stigma to your buyer.

Is the property haunted?

a murder or suicide occurred at the property; the property was previously owned by a notorious individual (e.g., organized crime leader, known murderer); there are reports that the property is haunted; it housed a former grow-op which has been remediated, according to the local health or building authority.

Is stigma a cultural sensitivity?

Stigma may be a personal aversion or a cultural sensitivity, but either way, the client’s views should not be dismissed as unimportant, says Anthony Allen, a Newmarket REALTOR® with 27 years’ experience and an OREA instructor. “For example, a lot of people won’t live beside a graveyard,” Allen says.

Do you have to disclose a stigma?

Even though it may be that the seller and seller's representative have no legal obligation to disclose a stigma, the safest and most prudent route may be to disclose it in order to prevent problems with the transaction in the future. OREA takes the position that, “when in doubt, disclose.”.

Do you have to disclose a child drowning in a pool?

Allen says that all REALTORS® who represent a buyer must disclose to the buyer any unnatural or sudden death that has occurred on a property, no matter how long ago, such as a child drowning in a pool. “If the stigma is universally known to affect the property’s value, you must disclose it,” he says.

Disclosure Limitations

The is a problem of time. Did the murder happen last year or twenty years ago? In a small community even a fifty year old murder can be well remembered. In most provinces, I have not found limitations on disclosure.

Ghosts

That is another topic, difficult to outline in one posting but for reference to find out if ghosts are real go to your favourite search engine and type in “Ghosts Nyack” or use this link,

Mould

A house can be cleaned to the fullest, problems fixed but mould can result even a year later. The same with a house that had a water problem with recurring leakage or flooding. A one time occurrence though is usually not disclosed.

Word-of-Mouth

Sometimes public opinion or word-of-mouth can result in the highest loss in value. Stigma is either real or perceived. Once a community knows of a problem the word is out. In most provinces and states, Realtors must disclose but some of the laws are vague and a buyer is not always protected.

Cases

In 1981, when UFFI was banned I became engrossed in case after case. About 60–70 cases made it to court but in the decade that followed I wrote just more than 1,000 reports that were used by home owners with UFFI to either sue the former owners or the agents or both. Most of the cases settled as there was limited defence.

How are expectations managed in a lawyer?

Expectations are managed through communication, and in the eyes of a legal malpractice jury , if a communication is not documented, then it never happened. Also, it is important that the lawyer develop an appropriate personal relationship with the client;. a client is much more willing to forgive a lawyer who is not perceived as just another vendor. ...

Is a lawyer trusted?

Lawyers are only trusted more than members of Congress, insurance and car salespeople, and stockbrokers. That’s hardly a ringing endorsement. Certainly, television shows and movies portray lawyers as vexatious, conniving, contentious and willing to do anything to win.

1. Does your lawyer have trial experience?

Does your lawyer have trial experience? If so, how many trials, bench trials, jury trials, administrative hearings and contested matters of any type has the lawyer handled and what is his or her winning percentage? If the lawyer has little experience or can’t seem to win, do you really want your business in that person’s hands?

2. Ask for a litigation budget

How much will this cost if you settle the case now and how much will it cost during the life of the lawsuit?

3. Ask for a cost-benefit analysis

What is the range of outcomes or exposure and what are the chances that they will happen? What is a likely success and what is the chance you’ll achieve that success? With this information, a budget, and monthly invoicing, you can reduce the financial surprise of litigation.

4. What are the alternatives to a trial?

Discuss the benefits of early mediation, which is a formal settlement process. Discuss the various types of arbitration, which is usually cheaper than a trial and is often quite effective, especially in business-related disputes.

5. Preserve your defenses

Discuss at the outset the defenses of personal jurisdiction and venue. Personal jurisdiction relates to limitations placed on the courts to protect you from being sued in a state where you have not done business. The venue question is similar and requires the court that has the most connection to the case or the parties to preside over the case.

6. Put your insurance carrier on notice

Even if your general liability policy does not cover contract disputes, some provide coverage for claims based on trade secrets, defamation, environmental damage, software, and malware related claims, and other non-negligence type claims. Let the insurance company evaluate whether there is coverage, even if you believe there is none.

7. Put it in writing

Insist on an engagement letter with your litigation counsel, identifying the terms and conditions of the representation, the cost of and the scope of the work to be performed, and how billing will be handled.

The Stigma of Mental Health Problems

Last Saturday, the world celebrated Mental Health Day. The theme was Dignity in Mental Health . Communities around the world were encouraged to explore solutions to issues regarding the discrimination and stigma surrounding individuals coping with mental health conditions.

Work Together to End the Stigma

In honor of World Mental Health Day, we as a profession need to work together to find solutions to end the stigma surrounding mental health problems.