Friday, February 3, 2012

There's a Ghost in the House

Today in Property,  Stambovsky v. Ackley, quite possibly the most entertaining case we've read this year.  The short story: there's this house that has a reputation of being haunted/possessed by poltergeists. The owner had publicized this in national magazines like Reader's Digest, but didn’t tell the buyer when she tried to sell it.  Once the buyers learned about the house's reputation, they sued to get out of the contract. The opinion is filled with allusions to Hamlet's ghost, Ghostbusters, and other gems like:
"as a matter of law, the house is haunted."
"Applying the strict rule of caveat emptor to a contract involving a house possessed by poltergeists conjures up visions of a psychic or medium routinely occupying the structural engineer and Terminix man on an inspection of every home subject to a contract of sale."
"Finally, if the language of the contract is to be construed as broadly as defendant urges to encompass the presence of poltergeists in the house, it cannot be said that she has delivered the premises 'vacant' in accordance with her obligation."

Reminds me of the first-ever Treehouse of Horror, where the Simpsons move into a mansion, which they got for an unbelievably low price.  The moving man knows that there's a curse on the house, and the seller presumably knew too.  Provided that Homer, Marge and the kids can survive the house (and one another), they just might have legal recourse. 

That is, unless you take Mr. Bloot's word that he did inform Homer that the house was built on an ancient Indian burial ground.

Mr. Bloot?  Homer Simpson here.  When you sold me this house, you forgot to
   mention one little thing:  YOU DIDN'T TELL ME IT WAS BUILT ON AN INDIAN BURIAL
   GROUND!  ...   NO YOU DIDN'T!  ...  Well, that's not <my> recollection. ...
   Yeah?  Well, all right, goodbye!  [angrily hangs up]  He said he mentioned
   it five or six times.
   -- Homer, ``Bad Dream House'' in ``Treehouse of Horror''
   

Watch the clip: http://www.milkandcookies.com/link/64929/detail/

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