Disclosure of death in property, CA
We own a home in CA where our tenant was murdered. We are now faced with having to re-rent or sell. Does our realtor have to disclose that there was a ''violent death''? Or just that there was a death and if asked how/manner disclose it then? Under what legal code is this found?
1 Answer from Attorneys
Re: Disclosure of death in property, CA
There is a duty to disclose anything that might affect the desirability or value of a property to a buyer, lessee or renter. In general, this is a common-law duty, but heavily supplemented by statutes, principally Civil Code sections 1102 to 1103.14 (and to some extent 2079 to 2079.24 dealing with a broker or salesperson's disclosure responsibilities). As far as I know, none of these statutes mentions disclosure of violent death, but the common-law duty remains. The most significant statute is probably Civil Code 1710.2, which sets a three-year limit on the duty to disclose the fact of, or cause of, an occupant's death. Even this statute does not, however, relieve the owner of providing an honest answer to a direct question from the prospective buyer or tenant.
Related Questions & Answers
Teacher needs help! First time home buyer working with an agent that might have been... Asked 10/09/08, 5:27 pm in United States California Real Estate and Real Property
Wrap arpund mortage can you forclose on a wrap mortage? any info on this type of... Asked 10/09/08, 10:45 am in United States California Real Estate and Real Property
Community Property, Family Gift and Marriage My spouse's family will be gifting a... Asked 10/09/08, 1:03 am in United States California Real Estate and Real Property
Foreclosure consequence My property is in Redlands, CA. The senior lender approved... Asked 10/08/08, 7:44 pm in United States California Real Estate and Real Property
Terminating Contract with Property Manager In May of this year, I entered a one-year... Asked 10/08/08, 4:49 pm in United States California Real Estate and Real Property