Stambovsky, to his horror, discovered that the house he recently purchased was commonly known to be possessed by poltergeists. Ackley, the seller of the house, had widely publicized their presence in local media and on a walking tour of the Village of Nyak, New York, where the house was located. Ackley did not disclose this characteristic of the property in the sale.
Stambovsky believed that the potential “haunting” should have been disclosed and he sought to rescind the sale. Ackley refused and a law suit resulted.
Did the seller have a duty to disclose to the buyer the fact the house was haunted?
How should the court decide? What factors should be considered?