Richie Alan  Naggar, agent & author  (people first...then business Ran Right Realty )

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Rainmaker
2,753,927
Kathleen Daniels
KD Realty - 408.972.1822 - San Jose, CA
San Jose Homes for Sale-Probate & Trust Specialist

In CA - deaths in the property within the past 3 years must be disclosed.

AIDS is a protected class under the 1988 Fair Housing Act Amendments.

"According to the Department of Housing and Urban Development (HUD), it is illegal for real estate agents to make unsolicited disclosures that a current or former occupant of the property has AIDS. "

Mar 01, 2018 04:29 PM
Ambassador
3,147,439
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
Charlotte Homes for Sale - Charlotte Neighborhoods

Seek the advice of an attorney, Richie - we don't Disclose either here and HIV is protected.

Mar 01, 2018 03:52 PM
Rainmaker
1,495,608
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg IL Real Estate

We don't have to disclose that in IL. I would say nothing as it has nothing to do with the actual house.

Mar 01, 2018 04:02 PM
Rainmaker
377,641
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

In Oregon we do not need to disclose if anyone died in a home - or if there was a suicide or even a murder.  I believe aids is a protected class. Fred Griffin has provided good advice.

Mar 01, 2018 03:48 PM
Ambassador
2,341,039
Fred Griffin presently on Leave of Absence
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

 Protected class. 

Get written advice from an attorney.  You may need it.

Mar 01, 2018 03:42 PM
Rainmaker
3,212,231
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

My understanding is the same as Kathleen Daniels. 

Mar 01, 2018 05:34 PM
Rainmaker
5,219,142
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Follow the disclosure requirements in your state and truthfully answer any questions.

Mar 01, 2018 04:53 PM
Rainmaker
641,215
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

It is always facinating to me how different states have different rules regarding disclosures.

Mar 01, 2018 08:52 PM
Rainmaker
672,887
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

In AZ, a death or person with HIV/AIDS are not disclosed. 

If you have the buyer (too) . . . tell the buyer to speak to the neighbors as part of their due diligence. They'll find out in short order.

 

Mar 01, 2018 06:39 PM
Rainmaker
2,935,974
Nina Hollander
Coldwell Banker Residential Brokerage - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

What Kathleen Daniels said. Although I believe if you are asked you cannot lie.

Mar 02, 2018 04:27 AM
Ambassador
4,004,609
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

I would follow Kathleen Daniels advice on this matter.

Mar 01, 2018 08:53 PM
Rainmaker
903,626
Thomas J. Nelson, Realtor, ePRO, CRS, RCS-D
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

@Kathleen Daniels Has your answer

Mar 01, 2018 07:42 PM
Rainmaker
538,154
Steve Higgins
RE/MAX Kelowna - Kelowna, BC

Here we don't have to disclose anything that would stigmatize the home. Unless drugs labs or grow ops are involved. I would follow Fred Griffin advice if you are unsure.

Mar 01, 2018 06:28 PM
Rainmaker
506,030
Ellen Caruso
Daniel Gale Sotheby's International Realty - Glen Head, NY

I wouldn’t disclose either, protected class!

Mar 01, 2018 05:32 PM
Rainmaker
348,843
Jill Murty, Realtor - Orange County, CA
PREA Realty - Laguna Niguel, CA

Do you know if the person who passed away died of AIDS? 

Mar 01, 2018 05:30 PM
Ambassador
3,895,765
Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude

See what Kathleen Daniels said. C

Mar 01, 2018 04:53 PM
Rainmaker
246,923
Lesley Wilson-VanGoethem
Innovative Realty Solutions Group - Winter Springs, FL
Residential Real Estate Broker Associate

Not required to disclose in Fl..

Mar 01, 2018 04:27 PM
Rainmaker
382,086
PropertyMinder (AccelerAgent)
PropertyMinder, Inc. - San Jose, CA
Modern Tools for the Modern Agent

I don't see how or why either of those would require any type of disclosure, or frankly be an issue at all. An earlier Q&A question involving habitual use of a certain space for lewd activity is a totally different story and should absolutely require disclosure, in my opinion. Update: Kathleen Daniels masterfully answered this question. - Tim

Mar 01, 2018 04:23 PM
Rainmaker
4,796,309
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I would follow your state guidelines.

Mar 02, 2018 05:51 AM
Ambassador
3,981,808
Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

I learned a long time ago to not talk about any person with AIDS or even to ask the question or to respond. It is not manadtory to disclose a death in a property in TN.

Mar 01, 2018 07:50 PM
Rainmaker
3,975,108
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

No need to disclose.  Ask your Broker or Atty

Mar 01, 2018 05:41 PM
Rainmaker
608,412
Brian L. Sirota, Esq.
Bristar Realty (Realtor/Attorney) - Orange, CA
For Solutions: (714) 501-7660

Kathleen Daniels answer is excellent.   For the sake of accuracy, the real estate industry is NOT a covered entity under HIPAA regulations.   Our concern is discrimination, not HIPAA.  The net result, however, should be the same--decline disclosure.

My response:  I am not permitted to discuss medical conditions of any type but, between you and me, I think the seller may have fallen off a swing set in 5th grade and suffered a broken arm.

Mar 02, 2018 02:58 PM
Rainmaker
597,887
Carla Freund
Keller Williams Preferred Realty - Raleigh, NC
Raleigh - Cary Triangle Real Estate 919-602-8489

Find out what is required in your state regarding disclosure of deaths. We do have people ask on occasion. If the house has been owned by more than one person, there's no way to guarantee no one has ever dies in the house or on the land for that matter. 

Mar 02, 2018 10:39 AM
Rainer
69,288
Shawn and Angela Miller
Berkshire Hathaway HomeServices Amabassador Real Estate - Lincoln, NE
Lincoln and Omaha, NE REALTORS®

I agree with everyone else, it's protected health info.  As for the death, I would always disclose. 

Mar 02, 2018 09:25 AM
Rainmaker
2,852,955
Richard Weeks
Dallas, TX
REALTOR®, Broker

Kathleen Daniels gave you a great answer.

Mar 02, 2018 05:18 AM
Rainmaker
4,431,600
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

State laws.

Mar 02, 2018 03:30 AM
Rainmaker
4,273,744
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Richie,

Kathleen Daniels has your perfect answer.  A

Mar 01, 2018 04:59 PM
Ambassador
4,297,830
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Richie Alan Naggar - I do not think it is required to be disclosed. Protected class? Personal information? or something else, perhaps.

Mar 02, 2018 05:42 PM
Rainmaker
343,166
Susie Kay
Ultima Real Estate - Plano, TX
North Dallas Specialist

Protected class for person living there.  For death, in Texas, depending upon they type of death if may or may need to be disclosed.  Any death by natural causes does not need to be disclosed.  Death caused by the property must be disclosed.

Mar 02, 2018 05:08 PM
Rainmaker
576,008
Gloria Valvasori, Accredited Senior Agent
BETTER HOMES AND GARDENS REAL ESTATE SIGNATURE SERVICE - Mississauga, ON
REAL Experience | REAL Commitment | REAL Results!

In my area if a person dies a natural death it does not have to be disclosed.. however if someone asks I will tell them. I had a listing like this recently.  Regaraing the Aids issue that is a personal issue, and I don't think that needs to be disclosed and would be a violation of his privacy.

Mar 02, 2018 09:35 AM
Rainmaker
1,204,273
Ryan Huggins - Thousand Oaks, CA
www.HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Out in Cali, AIDS is one of those things we can't talk about.  We'd still disclose a death but AIDS is one of a handful of things we can't give as a reason.

Mar 02, 2018 09:01 AM
Rainmaker
2,924,380
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of Manchester NH's Leading Agents

Aids is a protected class. Death here in NH does not have to be disclosed, bt if they ask, it has to be answered if the agent knows. 

Mar 02, 2018 08:35 AM
Rainmaker
4,830,577
Barbara Todaro
RE/MAX Executive Realty - Franklin, MA
Marketing Agent for The Todaro Team

 Kathleen Daniels     has the right answers to this question and other relevent scenarios....

Mar 02, 2018 08:29 AM
Rainmaker
736,966
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

Provide minimal information in accordance with STATE and FED LAW and only to QUALIFIED individuals.  That means only those entitled to such information. That DOES NOT MEAN everyone who walks through the door.

Should anyone ask regarding the occurrence of death, I will advise the only assurance they have is the purchase of new construction. 

Mar 02, 2018 06:33 AM
Rainmaker
3,048,838
Tony and Suzanne Marriott, Associate Brokers
BVO Luxury Group @ Keller Williams Arizona Realty - Scottsdale, AZ
Serving Scottsdale, Phoenix and Maricopa County AZ

Kathleen Daniels nailed this one!

Mar 02, 2018 05:59 AM
Rainmaker
1,931,321
Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

Had a house back years ago where late at a new year's eve party the owner's son calmly went upstairs, after spreading newspapers around a living room chair which other party goers kinda wondered about but then heard him come back down to pull out a gun and end his life. I disclosed it the two times we listed and sold the home representing both sides because in a small town if you don't it comes back to haunt you. Had the discussion with the owners each time and they agreed to it for the same reason whether legally needed to or not. People do die in homes, not always at the hospital or in car wrecks, etc. You represent the seller and learned it or represent the buyer and wondering about sharing the news Richie Alan Naggar ? It's like the do you tell the known public news story, spotlight and investigate how to best to fix the material defect or hidden issue that could be expensive or stigmatize the place? Bed bugs that won't go away, do you disclose those?

Mar 02, 2018 03:54 AM
Rainmaker
975,813
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

CA last two years. However, I found out sellers often claim they died elsewhere which is not facture.

Mar 01, 2018 04:35 PM
Rainmaker
1,471,205
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Calabasas CA

you can not,

that would be a violation of his/her rights  and discrimination. 

Mar 02, 2018 11:15 PM
Rainmaker
1,812,895
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

Aids is a protected class - no disclosure is necessary 

Mar 02, 2018 06:04 AM