Home > Blogs > Ken Cook > Content Marketer For Hire

Haunting Disclosures: Death On Property

Real Estate Technology with Content, coding, marketing, host.

October 24, 2006 08:45 AM

Every state has their own statutes, codes and laws. This one is the California Civil Code §1710.2 which "states that death on a property need not be disclosed if it occurred more than 3 years prior to a sale. [The statute does NOT say that a death within 3 years must be disclosed.] If a death occurs on a property within 3 years, and the circumstances of that death are material (it was a gruesome or offensive death, or affected the reputation of the property), it must be disclosed." (Reference).

What better topic for the Halloween weekend!

So what does your state say? Is it a requirement? An option?

I personally know of 5 people who have lived in my home who have died in the last 20 years. My wife says she sees "stuff". I never really "see" anything but I've definitely had the feeling someone was in the room with me. Doesn't matter if it's night or day. So if I sell do I disclose? No way! I keep the property and open a Haunted Hotel!

Seriously. What is required of your seller? The mortgage lender doesn't care I can tell you that for a fact. We have no option for disclosure. Your real estate authority, however, probably does have a ruling. Can you get in trouble if you don't disclose in your state?

Here's one thing about the California code that does bother me: "Civil Code §1710.2 also absolves anyone from liability for nondisclosure of AIDS related deaths, regardless of how recently the death may have occurred." Same reference.

You've got to be kidding me! I can't catch murder, it's not contagious. I can't catch a heart attack or most forms of cancer. But I can aquire AIDS through contact with certain bodily fluids and someone may have died in my new home just last week from AIDS and left all sorts of fluids behind (I know it's a stretch but the gruesome details which are in my mind include involuntary release of fluids including sneezing on my countertops) and you're required to tell me someone was murdered, died from a heart attack or cancer but not AIDS? Well, we are talking about California. Just another reason to never live there.

Here are just a couple of other state links for comparison:
Arizona - required only if asked
South Carolina - not required
Florida - no liability
Minnesota - not required

Final quote: "Sellers should disclose grisly facts about the house, so they will not be "haunted" later. Even if not required by state law, in order to soothe the spirits of prospective buyers and avoid lawsuits, the seller should be upfront about their home's paranormal guests or ghoulish histories. In a sellers' market, ghosts tend to fade and may even disappear." (Reference).

Bottom line: If you are a seller and you know, just go ahead and disclose. If you are buyer and it concerns you ASK! Then if the seller is not forethcoming and you meet Casper in the hallway at midnight you may be able to move and force the seller to buy back the property.

What I'd really like to hear are YOUR GHOST STORIES! (But the comment on AIDs seems to be a much hotter topic!)

Comments (9)
Subscribe to Comments Comment

Show All Comments

Sort:

Cheryl Johnson

Highland Park, CA

I'm in California, I think the simple solution would be better than our current situation: Just simply disclose any death regardless of cause.

At my own home, the elderly former owner passed away peacefully napping in her Lazy Boy. Seems to me that's a good way to go, peacefully and quietly in your own comfy spot, much better than a cold hospital room surrounded by tubes and monitors.

My own favorite chair now sits in the same spot, it just feels like the most pleasant spot in the whole house.

Oct 24, 2006 09:10 AM

Ken Cook

Content, coding, marketing, host. - Marietta, GA

Content Marketer/Creator

Marc Blasi said I should do some resaerch on how AIDs in spread instead of creating hysteria and panic (or something to that effect). Sorry Marc - I didn't mean to delete your comment ... I meant to edit it to add:

http://www.cdc.gov/hiv/resources/factsheets/transmission.htm

Households

Although HIV has been transmitted between family members in a household setting, this type of transmission is very rare. These transmissions are believed to have resulted from contact between skin or mucous membranes and infected blood. To prevent even such rare occurrences, precautions, as described in previously published guidelines, should be taken in all settings "including the home" to prevent exposures to the blood of persons who are HIV infected, at risk for HIV infection, or whose infection and risk status are unknown. For example,

Gloves should be worn during contact with blood or other body fluids that could possibly contain visible blood, such as urine, feces, or vomit.
Cuts, sores, or breaks on both the care giver’s and patient’s exposed skin should be covered with bandages.
Hands and other parts of the body should be washed immediately after contact with blood or other body fluids, and surfaces soiled with blood should be disinfected appropriately.
Practices that increase the likelihood of blood contact, such as sharing of razors and toothbrushes, should be avoided.
Needles and other sharp instruments should be used only when medically necessary and handled according to recommendations for health-care settings. (Do not put caps back on needles by hand or remove needles from syringes. Dispose of needles in puncture-proof containers out of the reach of children and visitors.)

I've lost enough friends/acquaintences to AIDs to have already researched how it is transmitted - thanks!

Oct 24, 2006 09:23 AM

Crystal Pina

774.289.5521 - Worcester, MA

Remax Professional Associates

Outside the body, viruses cannot survive. HIV dies outside the body within a few hours. Hep-B can live outside the body for 7 days. Common cold or the flu can live outside the body up to 48 hours. So will probably be safe even if there are any bodily fluids or sneezes left behind.

Bacteria, on the other hand, can survive outside the body because it is an actual organism - it is a life form. Once you figure out how to kill it, it will evolve and become resistant.

You really have to worry about mold and fungi. They live very well where ever there is water. You can end up with athlete's feet and respiratory problems and not even know where it came from.

A ghost can survive outside the body for eternity.

Oct 24, 2006 09:38 AM

Tricia Jumonville

Bradfield Properties - Georgetown, TX

Texas REALTOR , Agent With Horse Sense

We're not required to disclose deaths unless they are pertinent to the property, as, say, a death from a fall down the stairs or some such. We are not allowed to disclose death from AIDS. Probably because of the tendency to hysteria.

It's my understanding that if the "bodily fluids" have had time to dry, the AIDS virus has died and cannot be transmitted. The quotes above seem to uphold that - it's family members who might come in direct contact with the blood itself in the course of caring for the ill person. So, unless someone died in the home within the past few hours, I'd say that you are safe.

Oct 24, 2006 09:38 AM

Ken Cook

Content, coding, marketing, host. - Marietta, GA

Content Marketer/Creator

The point is if a buyer asks if anyone died in the property you CAN say yes, and they were murdered, died of cancer, had a heart attack - but AIDs (at least in California) is not allowed. Look - just ignore the part where anyone is reading any hysteria on MY PART about acquiring AIDS. I got over that in the late 80's when medical science began to give evidence that it was highly unlikely that I would ever acquire AIDs. The POINT I'm making with that one statement out of the entire article is the simple fact that you may be required to disclose other types of death but you may be required to NOT disclose an AIDs death. That, in my humble but everpresent opinion - is wrong; simply wrong. But obviously ripe for commentary!

Oct 24, 2006 09:49 AM

Shari George

Coldwell Banker Tomlinson - Lewiston, ID

Idaho is not required. I did sell a home recently that was haunted. I should know because I lived there. I lived in the home for about 5 years, and it was always strange, when my husband would be gone I would smell cigarette smoke. We don't smoke, so it was odd.. One night when he went out with the boys I woke up about 2am.. I heard the door shut, and what I thought was my husband walk to the bathroom. I smelled strong cigarette smoke. My husband was out at a bar, so I didn't think anything of it...Well, nobody came to bed, so I got up to see if he was passed in the bathroom or something, but nobody was home. I later told my mother in law about the strange cigarette smell and what had happened while he was gone. She lived in the home before we did (she owned it and we were renting it)..She said, "Oh, wow, he still must be there.."

She told me of the spirit who would come when she was home alone. She would also smell smoke when she was alone, and one late night she was making out bills at the kitchen table and she had a feeling someone or something was in the room. She looked up and gasped because she was startled. There stood the man, smoking his cigarette.. She said he acted as if she startled him, and was gone...

She had never told me the story before that conversation... Well, I recently listed the home, and sold it. I think if I had put that it was haunted on the property disclosure people would think I was nuts. Besides, I think he just wants to keep a lady company on a late night.

Oct 24, 2006 09:55 AM

Bryant Tutas

Tutas Towne Realty, Inc and Garden Views Realty, LLC - Winter Garden, FL

Selling Florida one home at a time

I sold a house last year that had just had a murder suicide in it. They were friends of mine and left behind 4 daughters ranging in age from 16-29. I did not disclose it. In Florida we do not have to. This house was the only thing the parents left for their children and I was hired to sell it so they could have some money to continue in school and get on with their lives. I sold it and have never heard a word from the buyers about whether or not they found out. It was a very difficult thing for me to do.

Oct 24, 2006 11:39 AM

Anonymous

Jim

In TEXAS, if i am shopping for a home... and i ask the Realtor and Seller... "has anyone ever died in this home" are they required to tell me "yes" or "no" ???

P.S... im sure a Police Report Search on the address would bring up any Murders, or Suicides.

im not sure how you would check for natural deaths, possible at the county court house ???

perhaps an address search of Death Records at the courthouse could pull something up?

Aug 22, 2007 04:34 PM

Tricia Jumonville

Bradfield Properties - Georgetown, TX

Texas REALTOR , Agent With Horse Sense

Jim, as I mentioned in my comment above, in Texas, we're required to disclose deaths that are pertinent to the house. That is, if someone died tripping going down the stairs and breaking their neck, if they died due to a flaw in the heating system that caused fumes that killed them, something like that. We are not required to disclose that someone died of natural causes in the home, and we are not allowed to disclose death from AIDS in the home.

In other words, if the death occurred due to some flaw or dangerous condition in the property, it should be disclosed. If it was just because, hey, this is life and people die, and the house had nothing to do with it, then we are not required to disclose.

Aug 23, 2007 12:04 AM