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Do I Need To Disclose A Death On A Property To Potential Buyers, In California?

By
Services for Real Estate Pros with Crescent Moon Realty, Inc. & Land N Sea Auctions.
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.
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Find out the benefits to selling or buying a home traditionally or non traditionally ---Contact us @ 1-760-650-2157 Or visit our websites @ www.LandNSeaAuctions.com or CrescentMoonRealty.biz.

Lorraine or Loretta

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