If a person dies in the home you are selling..do you have to disclose?

Real Estate Agent with Coldwell Banker Sea Coast Advantage~ Ginger Harper Real Estate Team 93383

If a person dies in the home that you are selling, do you have to disclose.  I just can't remember. 

I know that there are material facts that you have to disclose, but I am just not sure about this.  In the older home over the past, you know that all of them had folks to die in them.  It was so different then than now.

I can look this up very easily, but thought I would just ask  AR..

Thanks in advance.




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Brenda Swigert
Keller Williams Associate Partners Realty - West Chester, OH

As far as I am aware you only have to disclose if there was a crime committed or if it was something that cause the home to be stigmitized.

Jul 21, 2009 02:09 AM #1
Larry Bettag
Cherry Creek Mortgage Illinois Residential Mortgage License LMB #0005759 Cherry Creek Mortgage NMLS #: 3001 - Saint Charles, IL
Vice-President of National Production

I had a Hmong family come through a house and she said that she felt in her spirit that someone had died in the home.  Sellers said no....we're old, and moving on.  Hmong family said that the spirit told her that there was death in the house and backed out.  Too wierd.  Sorry I don't know the answer, but it prompts an intersting story.

Jul 21, 2009 02:16 AM #2

My understanding is no, unless the death might reduce the value-like a murder.

Jul 21, 2009 02:18 AM #3
Ralph Gorgoglione
Maui Life Homes / Metro Life Homes - Kihei, HI
Hawaii and California Real Estate (310) 497-9407


In California it is a MUST that you disclose that fact.

I wouldnt' see why it's any different in North Carolina.

Jul 21, 2009 02:20 AM #4
Kathy Judy
Tri-Cities Real Estate retired - Ontario, OR

Aside from the legal aspects, there is a cultural side to this.  My old school latino clients always ask me that question.  It is important to them.  If the house is 80 or more years old I tell them that chances are someone has passed away at home.  Various churches have ceremonies to deal with this.  If it was common neighborhood knowledge that someone had died in the home I think I'd want to know and would feel angry if I found out later.  I am aware that this can lessen the value of the home in some eyes so I would get the sellers written permission to disclose if this were the case.

Jul 21, 2009 02:27 AM #5
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Under ordinary circumstances, this is not a fact that requires disclosure. If buyers are really worried, they should purchase a new home.

Jul 21, 2009 02:29 AM #6
Konnie Mac McCarthy
MacNificent Properties, LLC - Cobb Island, MD
Broker/Owner - VA & MD "Time To Get A Move On!"

In our area..it is not required... some buyers don't care..some do.. so that is a touchy situation..

Jul 21, 2009 02:31 AM #7
Jenny Kotulak
RE/MAX Real Estate Centre Inc., Brokerage - Oakville, ON
Broker - Oakville Ontario Real Estate

That is a very sensitive issue.  More and more people today like to spend their last days in the comfort of their home.  Here that is not deemed to be a stigmatized property.  Like others have said, if there was a murder or if a body had been in the home for a long period of tiime it should be discolsed.  Better to find it out beforehand than from the neighbor after moving in.

Jul 21, 2009 02:40 AM #8
Raine Carraway
Lenoir, NC

In North Carolina, you don't have to disclose stigmatized properties, but you can unless the seller refuses to allow it - the buyers will likely found out sanyway, and they may be upset [there have been lawsuits over this in several satates].

Ethically, you may want to anyway. Some cultures do not want to live in a house where a buyer has passed away, and most buyers would want to know if there was a murder or suicide, even though we're not bound by law to tell them in this state [yet].



Jul 21, 2009 02:47 AM #9
Ginger Harper
Coldwell Banker Sea Coast Advantage~ Ginger Harper Real Estate Team - Southport, NC
Your Southport~Oak Island Agent~Brunswick County!

YOu all have been most helpful... Thanks

Jul 21, 2009 07:20 AM #10
Liz Loadholt
Liz Loadholt- AgentOwned Realty- Covering SC - Mount Pleasant, SC
Realtor--Broker-in-charge - Trainer--Relocation Director Covering SC

Ginger --- No --- you do not have to disclose this fact unless you are asked the direct question and you know for a fact the answer.

Mama Liz's Signature

Jul 21, 2009 09:09 AM #11
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Ginger Harper

Your Southport~Oak Island Agent~Brunswick County!
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