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Disclosing Death in Texas
This post originally appeared on www.RErockstar.com on May 26, 2010.

Do you have to tell the buyer? Death is a topic that most people don’t want to talk about in general and in real estate, it’s no different. I’ve been asked a few times about the details regarding death and disclosure in the state of Texas (more specifically, in San Antonio) when buying and selling a home. Questions such as; “This home seems cheap for this neighborhood, did someone die here?,” “It says ‘estate sale‘, does that mean that grandma died in the house?,” or “Do you know how they died?” are common, especially if there’s some indication of death, such as an estate sale.
The Texas Property Code covers this in Section 5.008(c):
Section 5.008(c) A seller or seller’s agent shall have no duty to make a disclosure or release information related to whether a death by natural causes, suicide, or accident unrelated to the condition of the property occurred on the property or whether a previous occupant had, may have had, has, or may have AIDS, HIV related illnesses, or HIV infection.
When a seller (or someone else) dies on or in a property, there is no requirement ... more

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