Has Someone Died in the Home I Want to Buy?
For whatever reason, my son asked me via text this morning if a REALTOR in Arizona was obligated to share whether or not someone has died in a home.
I told him, “no”.
Digging further, I pulled up the actual verbiage from our AZ statutes:
A. No criminal, civil or administrative action may be brought against a transferor or lessor of real property or a licensee for failing to disclose that the property being transferred or leased is or has been:
1. The site of a natural death, suicide or homicide or any other crime classified as a felony.
2. Owned or occupied by a person exposed to the human immunodeficiency virus or diagnosed as having the acquired immune deficiency syndrome or any other disease that is not known to be transmitted through common occupancy of real estate.
3. Located in the vicinity of a sex offender.
The document goes further to explain that an agents failing to disclose any facts or suspicious will not be grounds to dismiss or end a contract. BUT, this can be more complicated than it appears here!
What does this mean to the Arizona buyer who may have such concerns?
(paraphrased) Our Arizona contract very plainly states that if something may be a material fact (something of great importance that can affect the purchase of a home), a buyer needs to do their due dilligence, or their homework. The Arizona seller must warrant that they have disclosed to the buyer all material and latent defects that may affect the property’s value. They are required to fill out a Seller’s Property Disclosure Statement. Your real estate agent can help you with things like airport vicinity, flood plains, and more.
If you have more questions, talk to your REALTOR, BROKER, or LAWYER about your concerns. There are so many ins and outs to disclosure that it’s best to have as much information as possible if you have concerns about a property you wish to buy.
I like to email a local crime link to my prospective buyers, so that folks can check out the neighborhoods they are interested in on their own initiative. It is part of the Arizona Buyer’s Advisory that we also give to our clients to help you fully research the home and neighborhood you are interested in.
For the sake of brevity, this posting has been paraphrased and simplified, and all folks interested in more information should talk to their lawyer, or discuss the Arizona Real Estate Contract with their agent.