Most states require home sellers to uncover major home defects for potential buyers, such as leaky roofs, broken appliances, and cracked foundations. These are considered “material facts” that must be disclosed to buyers before the transaction is closed. Also, in some states, these real estate disclosure laws are as long as they include death in your home. Many people don’t bother deaths at home, but some buyers think it’s a deal breaker.
In this Redfin article, please tell us that you must disclose death at home and what you need when it is necessary. So, whether you are selling a house in New Orleans or planning to buy a house in Boston, Massachusetts, here’s what you need to know.
it depends. Most states do not have a requirement for the seller to notify the buyer if someone dies peacefully at home. However, there are several states that require you to disclose the death of your home for sale.
Should we disclose “violent deaths”?
In the event of a violent death, such as a murder or suicide, most state sellers should disclose this information. It is important to communicate to potential buyers as highly publicized deaths can have a negative impact on the value of the home.
If the buyer asks, do you need to tell them?
Yes, if the buyer asks if a death occurred at home, you need to tell them. Buyers may be able to take legal action if they find out later. As always, the best motto is to do the right thing. If you are selling a home where a death occurred, it is best to disclose that information in advance. I don’t want to go through the escrow process and know that the buyer has concerns about it.
If you are a buyer and are worried about death at home (or how it affects the value of your resale), ask your listing agent to disclose that information. If you are unsure of the listing agent, you can use a service like Diedinhouse.com.
Which states have specific requirements?
There are three states with specific requirements for disclosing deaths in their homes in California, Alaska and South Dakota.
California: Sellers must clarify whether deaths in the home have occurred at any time in the last three years, including deaths from natural causes (although certain types of deaths, such as AIDS, cannot be revealed). If the buyer asks about deaths that occurred anytime more than three years ago, the seller must provide a true response.
Alaska and South Dakota: Murder or suicide must be disclosed only if it has occurred within the past year.
In other states, the law is not black and white. Sellers may only need to disclose information when the buyer asks. You will need to contact your local real estate agent to understand deaths due to family disclosure regulations in your area.
