Who is the ghost haunting this restaurant in Orlando?

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The discussion centers around a ghost story linked to a restaurant, which has escalated into a lawsuit. Participants note that courts have occasionally recognized paranormal claims, leading to debates about the legal implications of ghostly presences in real estate transactions. In some jurisdictions, including Florida, sellers are not required to disclose if a property is haunted, categorized under "stigmatized property." This raises questions about buyer awareness and the rationale behind not allowing exorcisms. The conversation also includes personal ghost stories shared by users, highlighting experiences with apparitions and the lingering energy of deceased individuals. Skepticism is expressed regarding the existence of such energies, with calls for scientific evidence to support claims of consciousness persisting after death. Overall, the thread combines humor, personal anecdotes, and serious legal considerations regarding the intersection of real estate and paranormal activity.
  • #31
I would be surprised if the judge in Florida let's this buyer out of his lease so easily. It seems Florida is one state that does not require real estate agents to disclose paranormal activity, or murders, or prior HIV infected residents before making a sale of property even if they were asked. All these conditions are lumped under the term "Stigmatized Property." Even if a Florida broker lies concerning the stigmatization of a property they are not held responsible for fraud because the lie had no legally recognized relevance to the sale.

tigmatized property” . . . has been defined as “property 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.” National Association of Realtors, Study Guide: Stigmatized Property 2 (1990), quoted in Robert M. Morgan, The Expansion of the Duty of Disclosure in Real Estate Transactions: It’s Not Just for Sellers Anymore, Fla. B.J., Feb. 1994, at 31.

Florida State law concerning disclosure of stigmatization
The statutory solution in Florida is typical. Fla. Stat. § 689.25 provides:

(1) (a) The fact that an occupant of real property is infected or has been infected with human immunodeficiency virus or diagnosed with acquired immune deficiency syndrome is not a material fact that must be disclosed in a real estate transaction.

(b) The fact that a property was, or was at any time suspected to have been, the site of a homicide, suicide, or death is not a material fact that must be disclosed in a real estate transaction.

(2) A cause of action shall not arise against an owner of real property, his or her agent, an agent of a transferee of real property, or a person licensed under chapter 475 for the failure to disclose to the transferee that the property was or was suspected to have been the site of a homicide, suicide, or death or that an occupant of that property was infected with human immunodeficiency virus or diagnosed with acquired immune deficiency syndrome.

http://www.abanet.org/rppt/publications/magazine/2005/mj/perlin.htm
 
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