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Disclosure of death on a property

By
Real Estate Agent 0488515

Texas law provides that neither a seller nor broker must disclose death that occur by natural causes, suicide, or accidents unrelated to the condition of the property.  This leaves only 2 other types of deaths: 1. those caused by accident related to the condition of the property (a person is electrocuted because of an exposed wire), 2 murder.

Even though some deaths do not need to be disclosed maybe it is easier just to disclose any death.

JRSEO Marketing
JRSEO Marketing, LLC. - Marketing Experts (800) 959 - 0182 - San Diego, CA

Very interesting thank you

Jan 12, 2012 05:29 AM
Brian Madigan
RE/MAX West Realty Inc., Brokerage (Toronto) - Toronto, ON
LL.B., Broker

Richard,

Seems interesting. Is there a specific statute in Texas dealing with this requirement?

In Ontario, the matter is not addressed.

So, it is discretionary rather than mandatory.

Brian

Jan 12, 2012 05:29 AM
Susan Neal
RE/MAX Gold, Fair Oaks - Fair Oaks, CA
Fair Oaks CA & Sacramento Area Real Estate Broker

I advise my clients that if it is material enough to bring up and ask whether disclosure is required, then it should probably be disclosed.  Even a natural death might be an issue for some buyers.

Jan 12, 2012 05:31 AM
Richard Weeks
Dallas, TX
REALTOR®, Broker

Brian,

Thanks for your comments.  Yes this is Texas law.  I would think each state had its own law.

Jan 12, 2012 05:34 AM
Richard Weeks
Dallas, TX
REALTOR®, Broker

JRSEO,

Thanks for your comments.

Jan 12, 2012 05:35 AM
Richard Weeks
Dallas, TX
REALTOR®, Broker

Susan,

Thanks for your comments.  Very good advice to give ones clients.

Jan 12, 2012 05:35 AM
Laurie Clark CRB Angel Realty LLC Your Monument Realtor 719-502-6572
CRB-CCSS-ASD-HBS-RSD-Denver Short Sale Agents - Monument, CO
Angel Realty, LLC

Death is difficult for many people and we don't want o prejudice buyers from a property but if they really need to know then its best to tell them. I think that most states have laws/guidelines for handing these situations. Thanks for sharing.

Jan 12, 2012 03:11 PM
Ed Newman
Alamo Infrared, LLC - Midvale, UT

Thanks for sharing this great information.  I will be sure and pass it on to others.

Feb 06, 2012 12:35 AM
Dave Sullivan
Real Estate One - Birmingham, MI
Michigan Realtor with an investor viewpoint

Excellent information I will forward it if that is ok? thank you!!!

Dec 07, 2012 03:27 AM