Did the Last Occupant Die Here?

Real Estate Agent with Keller Williams Fairfax Gateway VA 0225-059831, MD 646410

Did the Last Occupant Die Here?

Copyright (c) 2012, Deanna and Jim's GOLD Team



If the last occupant of a house had AIDS or HIV there is federal Fair Housing Law that governs.

Otherwise, what the listing agent can and cannot disclose when asked this question varies greatly by jurisdiction.

In Northen Virginia...

Answering this question constitutes disclosing something which is not a material defect.  Many listing agreements pledge the lister not to disclose seller information other than material defects.

Of course, if the owner of record is "Estate of John Smith" certain speculation may arise.


Posted by

Deanna & Jim Gilbert, MBA, MSE, MA, CDPE, Associate Broker VA & MD

600+ Sales Since 2001


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Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA

I agree that someone dying or the prior occupant having HIV is not material to the property AND that those are NOT fair housing issues AT ALL.

Sexual orientation is a state protected class and Virginia does not have that as a protected class.  DC does

Aug 28, 2012 03:20 AM #1
Cynthia Larsen
Safe Haven Realty - Cotati, CA
Independent Broker Serving Sonoma County, CA

Here in California, we refer to such things as material facts, not material defects. We have a seller property questionnaire where one of the first questions is whether someone has died on the property within the last three years. It lets the buyer decide for themselves whether it is a material fact or not.

Aug 28, 2012 03:24 AM #2
Monique Keith
Ahwatukee, AZ
Ahwatukeenulls Favorite Realtor, Buyers Agent with

In AZ it's call the the Stigmatized Property Act. You can not disclosure anything unless it is a material fact. I encourage my buyers to investigate online, if they have a certain fear. They have a site and record for almost anything you might want to know about the history of your property.

Aug 28, 2012 03:24 AM #3
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Jim Gilbert

The Gold Homes Team
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