Cross with FlowersFor some it’s a deal breaker, for others, just something they want to know. In California, if a death has occurred on the property within the past 3 years, it must be disclosed.

I’ve had one listing with a death on the property – an older woman who passed away of natural causes. For most this doesn’t cause concern.  But when does a death on the premises attach a stigma to the house? And when that happens, how does the innocent house overcome that stigma? Is it the nature of that death?

Bad stuff happens in life, and it sometimes happens in a house.  What would make you more uncomfortable – knowing there was a death in the house, garage or yard? Or finding out there had been other horrible things occurring inside the walls of that dwelling?  The fact is, a death must be disclosed, but other sordid circumstances may not.

For some people, no matter what the circumstances, a death on the property would give them the willies. And it’s better they learn that before the deal is sealed, than afterwards from the neighbors.  I have clients in contract now who learned there was a suicide on the property they’re buying.  A little off-putting at first. But, they didn’t know that when they first viewed the property. Their initial reaction when walking inside this particular home was ‘It feels so peaceful here’.  It’s that sensation they’re remembering, now that this disclosure has presented a different picture. If they learned there had been a murder, I’m not sure they could have come to grips with that.

What about a house where unspeakable things happen – abuse, drug trafficking, neglected children or animals.  Those things are just as awful – does the house take on that stigma too?  Would they give some buyers the creeps?  I’ll bet that they would.  Yet, those are not disclosures.  Ultimately new owners may learn about them though, once they take possession and the neighbors start to talk.

Where does this leave the house – perhaps never a happy home?  I like to think that the story of that house, maybe one with a sad or terrible ending, gets to be re-written.  The chapter closes on the broken lives of previous owners, and new owners bring the house back to life, giving it a reincarnation of sorts.

What have been your experiences with buyers and sellers?

Karen Crowson on Zillow

Tri Valley real estate for buyers and sellers. Search for homes in Livermore, Pleasanton, and Dublin.

I can also help you in the surrounding areas of Alameda County and Contra Costa County

including Castro Valley, San Leandro, San Lorenzo, San Ramon, Danville, Brentwood and Mountain House

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15 Comments on Death as a Disclosure

MAY
22
2011
114,919 Points 5 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

In Florida, a death in a home is not a material fact to be disclosed.  However, I lived in one such.  I did not find out til many years later, but no one, not even my pets were comfortable in a certain area of the home.  I would have liked to have known.

9:38pm • #1
590,765 Points 62 Featured Posts Outside Blog Hit Router Attended Rain Camp Called Shot Master

I didn't know that disclosure wasn't required everywhere. Interesting.  I think certain circumstance would bother me, but most would not.

9:40pm • #2
428,870 Points 23 Featured Posts Outside Blog Called Shot Master

The drug issue is important if it affected the structure or other systems in the house if it was used for a grow-op for example.  I have not run into this issue yet but like you I like to think that the new owners start a new chapter and story in the life of the house.

9:45pm • #3
218,530 Points 13 Featured Posts Called Shot Master

While death is not a material fact in Missouri real estate disclosures, I do have an amazing story about house I thought I'd never be able to sell. I will put it all in a blog, but here's the short version: The house had been the scene of a triple homicide. The family that purchased it had been through a similar tragedy, and they had no fear of the house. In fact, they felt bonded to it by their simillar histories.

10:22pm • #4
MAY
23
2011
590,765 Points 62 Featured Posts Outside Blog Hit Router Attended Rain Camp Called Shot Master

I agree Christine, but it's not likely someone cooking drugs on the premises will disclose that fact, unless they've been busted.

Liz - that does sound like an amazing story. I'll keep an eye out for that one!

 

1:07am • #5
378,176 Points 17 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Hi Karen,

I just wrote an article for our local newspaper about this topic because we just had a tragedy where a 9 year old girl was raped and murdered in the basement of an apartment complex and the disclosure questions that arise with things like murders and Megan's Law, etc.  It is a tough one.

In PA, there is no requirement to disclose a death in a property.

Lisa

8:19am • #6
780,962 Points 97 Featured Posts Outside Blog Called Shot Master

Morning Karen. When we bought our home, it was disclosed that the woman dies in the home. It was kind of freaky at first but we got used to that. But we seem to have a ghost. Seriously. she is a friendly ghost and tends to appear when we do renovations to our home.

8:49am • #7
590,765 Points 62 Featured Posts Outside Blog Hit Router Attended Rain Camp Called Shot Master

Lisa - that's horrible.  I'd have a hard time coming to grips with that type of thing.  I'd bet California is the most litigious state of all, so it's probably a good idea that we do it.

Tom - a ghost, really?  And from natural causes?

9:49am • #8
254,389 Points 16 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

What an interesting topic (an yet ANOTHER thing to get get wound up about when buying a property!  :>)    Thanks Linda!!

9:59am • #9
586,544 Points 4 Featured Posts Outside Blog Called Shot Master

We must disclose murder and death because of the condition of the property.  I think it is still wise to disclse any death on a property.

1:07pm • #10
MAY
24
2011
1,002,481 Points 43 Featured Posts Localism Sponsor Outside Blog Called Shot Master

Karen - Here's one for you--husband shot his wife in the kitchen...the new owners gutted the kitchen--changed everything including the flooring throughout the house and now live in the house making their own good memories.

11:01am • #11
MAY
25
2011
519,156 Points 7 Featured Posts Outside Blog Called Shot Master

Hi Karen,

I tend to think it depends on the circumstances.  I have not had anyone get close to buying a home where someone died, but I've had buyers almost buy a house where the previous owner had gone to jail for abusing his wife.  The house was a disaster and it felt sad.  Like it had seen a lot of suffering and needed to be loved.  It was really too bad as the house had an incredible view and had once been a beautiful home.  Interesting post!!!

12:04am • #12
MAY
27
2011
131,391 Points 2 Featured Posts Outside Blog Called Shot Master

Currently, there is a home listed for sale in our local MLS that was the scene of two rape/murders. The crime made national headlines several years ago. I hadn't thought about the crimes for ages, until a client asked to visit the place as it might be the perfect opportunity for him. A colleague and I did show the home, but none of us wanted anything to do with the workshop where the crimes occurred. The house was sadly neglected, dirty, etc., but I didn't detect any bad juju. The workshop? Well, I won't be going in there any time soon.

IMO, disclosing a death, particularly an unusual or criminal one, ought to happen whether it is a law or not. For some people, even a natural death of old age would be a deal-breaker; for others, they would not mind. But it ought to be up to the purchaser to decide.

Interesting question!

9:53pm • #13
MAY
30
2011
137,578 Points 1 Featured Post Outside Blog Attended Rain Camp

I have two homes listed that are settlements of estates.  The first question I get is "did she die in the house?'  Fortunately, in both cases, the former owners died in the hospital.

8:25am • #14
JUN
01
2011
590,765 Points 62 Featured Posts Outside Blog Hit Router Attended Rain Camp Called Shot Master

Dee Dee - sometimes I wonder if that type of situation is almost worse.

Sonsie - seems like tearing the workshop completely down would be the best thing to do it that case. I agree it should be disclosued, now matter the state ruling. It IS a material fact about the property. 

Karen - in this case, the person didn't die in the house, but I'm glad it was disclosed. Buyers no doubt will find out from the neighbors anything that went on. Better that they know up front.

 

2:37pm • #15

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Karen Crowson, ABR, SRES, Livermore, CA

Livermore, CA

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Alain Pinel Realtors, Pleasanton, CA

Address: 900 Main St., Pleasanton, CA, 94566

Office Phone: (925) 583-1138

Cell Phone: (925) 784-6208

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Real estate market and local information for the Tri Valley communities of Livermore, Pleasanton, and Dublin, CA. Search for homes for sale, things to see and do, what it's like to live here.


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