Do I Need to Disclose A Death On A Property to Potential Buyers, In
California?
No.
If
the death occurred more than three years ago.
California
law sates that occupants and their agents are not required to
disclose a death on a property if the death occurred more than three
years prior to receiving an offer to purchase, lease or rent the
property. However if a buyer directly asks you if a death occurred on
the property and you are aware of such a death, you cannot lie. (This
would be considered false representation.)
Whether
or not you need to disclose
a death that occurred on the property less
than three years
before the buyer offered to purchase it depends on whether the
occupant's death or manner of death
is a material fact that affects the value or desirability
of the property. In other
words does the death affect a reasonable buyer's decision to purchase
the property? Does it affect the price and terms a buyer would be
willing to agree to? Whether the death in your situation is a material
fact will ultimately be decided if necessary by a judge, jury or
arbitrator through the legal process. Instead
of litigating the issue however, it may be more prudent for sellers and
listing agents to simply disclose that a death occurred on the property
as well as the manner of the death.
Courtesy
of: Crescent
Moon Realty, Inc.
------------------------------------------------------------
Rainmaker
491,049
491,049
Crescent Moon Realty, Inc. & Land N Sea Auctions.
local_phone(760) 650-2157
smartphone(760) 650-2157
Contact The Author
Real Estate Resources
Recent Posts
ActiveRain Community
almost 8 years ago
Real Estate General Information
about 11 years ago
Real Estate General Information
about 11 years ago
Comments (0)Subscribe to CommentsComment