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15 Comments on Death as a Disclosure
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.
I didn't know that disclosure wasn't required everywhere. Interesting. I think certain circumstance would bother me, but most would not.
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.
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.
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!
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
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.
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?
What an interesting topic (an yet ANOTHER thing to get get wound up about when buying a property! :>) Thanks Linda!!
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.
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.
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!!!
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!
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.
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.
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