Stigmatized Property - Info From Property Management Park City Utah
Fortunately for all property owners, real estate agents and property managers the situation of a stigmatized property does not come up very often in Park City property management. There are however important state laws regarding stigmatized property that are at least informative and in the event you become involved in a stigmatized property situation you can know how it applies to Utah property management.
Definition
For property management Park City Utah and for the state of Utah in general a stigmatized property is defined as "the site or suspected site of a homicide, other felony, or suicide;(b) the dwelling place of a person infected, or suspected of being infected, with the Human Immunodeficiency Virus, or any other infectious disease that the Utah Department of Health determines cannot be transferred by occupancy of a dwelling place; or (c) property that has been found to be contaminated, and that the local health department has subsequently found to have been decontaminated in accordance with Title 19, Chapter 6, Part 9, Illegal Drug Operations Site Reporting and Decontamination Act." For the purposes of this post I will stick to mainly the first definition and discuss the third definition, drug use in a property, and in particular methanphetamine use or cooking in another subsequent post. As you can see any situation that can result in a property becoming stigmatized is very serious, particularly if there has been a homicide or suicide. If a felony is committed by the occupants of a property the best course of action is to pursue an immediate eviction of the tenants. Other situations may require a more complex and thoughtful approach in dealing with these extraordinary circumstances.
Legal Requirements
Utah law also has information on the requirements of a real estate agent or property owner on disclosing whether a property is stigmatized. The Utah code reads "(1) The failure of an owner of real property to disclose that the property being offered for sale is stigmatized is not a material fact that must be disclosed in the transaction of real property. (2) Neither an owner nor his agent is liable for failing to disclose that the property is stigmatized." As always I am not an attorney, I just work in Park City property management. If you are in need of further advice please consult an attorney familiar with property law. That being said the basic idea of the law is that a property owner or their agent is not at fault for NOT disclosing that a property is stigmatized. This covers the agent and seller in the event that they did not know and also if they choose not to disclose information about a property being stigmatized. However if you are asked directly you must answer truthfully as the law does not allow you to lie about your knowledge of the property.
Best Practices
My experience is Park City property management has always been that telling the truth is the best option. If you find yourself in a situation involving a stigmatized property that you are either attempting to sell or get rented honesty really is the best policy. Be up front with interested parties. Sell the prospective party on the great aspects of the property and then give them an honest assessment of what you know. You will find that most people are understanding when they feel they are being dealt with honestly. The last thing you want to have happen is a neighbor being the first person to tell your new tenants about the history of a property!
If you are interested in learning more about property management Park City Utah, download our free white page "5 Questions Every Landlord Should Ask Themselves".
