Prospects of selling a house next door to a "reformed" spree killer?

[thedarkonelives]

Any realtors reading?

Let's say someone like Kip Kinkel - schizophrenic kid who killed his parents and shot up his school about 10 years ago - got a commutation of his sentence as some people think he should since they feel he was a "victim" who didn't get the help he needed and was treated unfairly, and was in the market to buy a house. They're convinced that with meds and supervision he would probably have no problems living as a free man.

I assume realtors aren't going to turn down his money so I imagine he'd find someone to sell him a house, but even if they make an effort to conceal who the new neighbor is, I imagine at some point word is going to get out that he lives in that house.

Would you even be able to give away any of the nearby houses once it became common knowledge? Or, if a realtor made efforts to conceal this fact when selling a neighboring house, do the buyers have any recourse?

[Tony Hwang]

Word predisposition comes to mind.

[richard]

So you're a card carrying member of NIMBY huh?

Any person who has served his time in incarceration, is entitled to live somewhere. Technically, YOU, the prospective neighbor is not necessarily entitled to know that this person WAS ever incarcerated.

Even if you did find out, there is no legal recourse you can take to force him to move elsewhere.

[Rod Speed]

[e-mail] wrote

That assumes he has enough income to be able to buy one. Unlikely.

You've clearly got a vivid imagination.

Depends on the state of the market when that happens.

Nope.

[thedarkonelives]

You've clearly never heard of Lawrence Singleton.

[Dick Adams]

Let's change this to Lee (a gender neutral name), a convicted sex offender sentenced to probation only, wants to buy or rent.

1) Who has a obligation to investigate Lee's background before becoming Lee's agent or selling or renting to Lee?

A landlord was be negligent not to investigate renting to Lee. Agents who have a concern for long-term reputation in a community should investigate. But to a seller, this is a single period relationship with no subsequent repercussions.

2) What distinguishs Kip from Lee?

Kip can change his name. Lee has to register whenever he/she moves and the registration is public knowledge. Lee is similar to Jean Valjean in Victor Hugo's "Les Miserables" - a person who rejected by society for past crimes.

Dick

[thedarkonelives]

To clarify, I'm thinking of the realtor or seller of a house in close proximity to the killer, not the killer's realtor.

[Rod Speed]

[e-mail] wrote

Corse I have. The reality is that you're more likely to end up dead as a result of one of them who hasnt been caught yet.

You're always welcome to hide under the bed.

[Rod Speed]

[e-mail] wrote

There is still no legal obligation, and if there was, they'd just avoid finding out the information you want them to disclose.

And its just not feasible to require everyone to check on all new tenants or purchasers of property to see if they have ever had a criminal conviction, or have ever been a loony etc.

And the reality is that you are FAR more likely to end up with a bad result from someone who hasnt got caught yet anyway.

[butwhat]

It has happened but there were a couple of more murders and he went back to jail

[Caesar Romano]

On Wed, 18 Jun 2008 16:03:19 +1000, "Rod Speed" wrote Re Re: Prospects of selling a house next door to a "reformed" spree killer?:

How does someone with that kind of past get a loan? Or, are they all-cash buyers?

[richard]

Unless state law requires it, no real estate agent is required to do a background check. In most states, it is illegal to deny an ex-con housing based on this fact. Let alone a person on probation.

In most cases, according to Megan's law, Lee only has to notify the sheriff of the county he wants to live in. There are other conditions that would then direct the sheriff to notify the prospective neighbors.

It is not the job of the real estate agent to make these disclosures unless required by state law.

[Dick Adams]

How many people purchased a house with any knowledge of the history of their neighbors?

Dick

[richard]

That's not their job. Just because an agent lives near the person does not mean the agent MUST know of the person's incarceration or court rulings.

Since it so happens it is 10 years since the Columbine shooting, I believe you are referring to this case?

[HeyBub]

Huh? In my state, an ex-con cannot be a lawyer, schoolteacher, accountant, become a barber, cosmetologist, surveyor, architect, get a hazardous chemical endorsement for their driver's license, own an exterminating company, nursery (either plant or kid), vote, become a notary, sell securities, be a REALTOR(!), or drive a cab.

I'd be astonished to learn that ANY state outlaws discrimination against a felon.

[HeyBub]

Sure. First you have to recognize that there are some things the government won't or can't do to help you - you must take matters into your own hands. You, and several of your burly neighbors, could organize a little house-warming party for your new best friend. You could make it clear to your new neighbor, partly though a show of weapons, but mainly through the letting of blood, that his continued presence is cause for discord and conflict within the community.

Guy I used to work with came home one day and his wife told him that a new neighbor had groped or otherwise molested their six-year old daughter. My friend and three of his buddies visited the perv and beat him so badly he couldn't even lie down. Told him he had 48 hours to be out of the county.

It worked.

[Larry]

Richard, we've been through this before. Being a convicted criminal is not a protected class and someone can refuse to rent/sell to them based on that factor.

Suppose a single woman with three daughters has a room to rent in her house, and a convicted child molester who was just released from prison wants to live there. You think she is required by law to rent him the room? Do you really?

[Larry]

Most of us are astonished whenever Richard says something that is a correct statement of the law.

[Banty]

Also, neighbors move away and new people move in.

Not everything in life is in our control. One of the first tenets in wisdom, IMO.

Banty

[Banty]

A seller can refuse to sell. A landlord can refuse to rent *if* its an owner-occupied situation and under a certain number of units, particulars depending on laws and ordinances. Based on the right of association.

But that's far different from what a *realtor* should, or even can, do.

That would an owner-occupied rental case - she is not required to. But that is fundamentally different from the question the original poster posed.

Banty