OddThinking

A blog for odd things and odd thoughts.

House Of Ethical Dilemma

Introduction to the “House Of Horror”

A few years ago, a local real-estate agent sold to an unsuspecting Buddhist couple a house that, three years earlier, had been the scene of a triple-murder. When the couple found out, they were upset and refused to proceed with the sale, risking their deposit and more.

I heard about the story back then, and I found it to be an interesting ethical dilemma. Recently, it gained a mention in the paper again, and I realised for the first time that the very same real-estate agent had signed me up for a lease (on a different house!) about 5 years ago!

A brief linguistic aside: In South Australian English, “real estate” refers exclusively to property. In NSW and Qld, it is also used to refer to the real estate agent. I still double-take when someone tells me that they got their broken stove fixed by “talking to the real estate.”

What Happened?

There was a huge outcry by the public at the time. Competing agents seized on the story. The unhappy couple were given back their deposit. The courts punished the real estate agent for their “misleading” behaviour, and I believe it is still in the courts.

Is it that simple?

I am still in two minds about whether this agent did anything wrong, ethically.

I should point out I don’t know any of the facts of the case; nor anything about the law. I am not suggesting the courts were wrong. I just think the ethical issues are interesting. Should you have to tell a prospective buyer about a triple murder?

The (then?) national president of the Real Estate Institute did her duty by arguing that there was no ethical requirement to disclose.

No Ethical Requirement for Disclosure.

My initial reaction is to agree. We can argue about whether the public needs more protection than caveat emptor when making such a large purchase. However, where we are talking about your religion or your superstitions, surely you are the one who has to check that everything is acceptable to your mores.

If you believe in ghosts, you had better ask about violent deaths. If you believe in feng shui, you can get your own assessment of the house’s negative chi. If you believe in the FSM, you had better get data on the local pirate levels.

You can ask the vendor to show you the pest inspection report, because that affects the structural integrity of the building, but your assessment of the spiritual integrity of the house shouldn’t be protected by law.

If it was protected, what would be the limits for reportable events? Triple murders? Single murders? Rape? Assisted Suicide? Drowning in the pool? Death due to old age in bed surrounded by loving relatives? Bopping a cane-toad on the head with a 5-iron?

I am not afraid of ghosts. I am not afraid of “unlucky” houses – especially where the murderer was found and convicted. I’d have no problem buying a house that had been the site of a murder – hey, perhaps my bedroom was the site of a horrible murder-suicide, and I don’t know about it!

So that was my position for a while… but then I read an article about a house which was the site of another famous murder. The owner complained that macabre sight-seers who come poking around, occasionally even peering in the windows.

Another brief aside: Once I had a young woman as a passenger in my car, when she pointed to a row of houses. “I heard that there was a woman found murdered in one of these houses. I think it was that one.”

“No,” I explained deadpan, “I dumped her body in that one, two houses down.”

That, my friends, was the wrong thing to say. Please learn from my mistakes.

A Conflict!

The idea of having weirdos staring at my house day and (especially) night and peering in the windows? I would absolutely hate that. That is something that I would definitely want to know about before I bought a house! I am horrified that the real-estate agent wouldn’t warn against something unpredictable like that!

But wait up… that’s just my mores against invasion of privacy. Why should the vendor have to care about that? Surely, by my own argument, that’s my problem, not the vendor’s.

Like I said at the beginning, an interesting ethical dilemma…


Comments

  1. I’ve lived in NSW all my life and have never heard anyone (except maybe someone whose sanity would be called into question) mention “talking to the real estate”.

    I suspect the linguistic differences may be even more local than which state your are in.

    As another aside: When I saw you refer to belief in “FSM” I wondered what you meant by believing in a “Finite State Machine” – I’ve been in computing too long, methinks.

  2. I think you will find that a desire for privacy is a society-wide one; there are laws about privacy, and stalking, and such. Are there laws regulating hauntings, fictional settings aside?

  3. I also haven’t heard of real estate as the agent.

    Also, I kind of want to live in a haunted house. Something with a bit of interest and history. A house with secret passages and things would also be cool. I think if I get into the habit of air-thrusting, people would eventually get disgusted and stop peering in windows.

  4. I suspect the linguistic differences may be even more local than which state your are in.

    Odd. I can think of three Sydney-siders, straight off the bat, that I have spoken to about real estate agents, who dropped the word “agent” more often than not. I have heard it more wide-spread than that. Maybe I should be calling their sanity into question!

    believing in a “Finite State Machine”

    I like this idea! I am trying to imagine what the priesthood would be like if God was represented as a Finite State Machine for your soul. I assume God would no longer move in mysterious ways! … Oh, unless it was non-deterministic.

  5. Are there laws regulating hauntings, fictional settings aside?

    Well, according to the Internet, yes…

    In Iceland, there was a law on the statute books for many years that enabled people to legally summons a ghost that had been tormenting them to court and have it bound over to authorities. – Ref

    As the publican said to the fox’s ghost, in the old joke, it is illegal to re-tail spirits after midnight.

  6. Julian, you forget that non-deterministic FSMs equivalent to deterministic FSMs, they just require fewer states. But “God moves more quickly than you’d expect” really doesn’t have the same ring to it… Now if God was a non-deterministic pushdown automaton, then there’s something we could all gather round and offer ritual sacrifices to carve graven images of venerate above all others! Who else could resolve a shift-reduce conflict in your grammar?

  7. I almost forgot. Last weekend, a friend of mine used the term “real-estate” to describe the agent. He’s a reformed pom but has been living in Sydney for 10 years.

  8. Just heard the term “real estate” to describe a whole agency (rather than just a single person). The context was a formal meeting, from a man who grew up in Sydney. I rest my case.

  9. I would double-take if someone were to tell me that they got their broken stove fixed by “talking to the real estate”, but for a different reason. I have often referred to the real estate agent as the “real estate” – it’s just easier. But I have never heard of anyone in rental accommodation getting anything fixed by simply talking to the real estate agent. I think our stove has been broken for at least a year.

  10. Six years later, I have some more information.

    There was a famous case in the US, Stambovsky v. Ackley, where the non-disclosure of a reputation of haunting (propagated by the original owner) made its way all the way up to the Supreme Court (which deliciously ruled that “as a matter of law, the house is haunted”, in that the seller could not subsequently deny to the court that the house was haunted after having repeated told journalists that it was.) Even the US Supreme Court had only a 3 of 5 majority, so it was clearly controversial.

    Meanwhile, there is a legal concept (in the US at least) of Stigmatized Property, including stigmas from murder/suicide and haunting, which must be declared in some jurisdictions.

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