Disclosure of death on property
When selling a house what is the homeowner's responsibility regarding disclosing the fact a death occured in the home? What are the specifics for disclosing that fact? Do you have to volunteer the information? Does how/where the death occured make a difference (ie:accidental v. suicide; in the home v. in a detatched garage)?
1 Answer from Attorneys
Re: Disclosure of death on property
There are two intersecting bodies of law on this general topic that you need to be aware of. First, California case law makes it pretty clear that a seller must disclose anything known to the seller that would materially affect the value or desirability of the property to a typical buyer. This would include many types of crimes and probably deaths and disease.
In addition, there is one important statute that limits this obligation, Civil Code section 1710.2, which you should read in full, but to give you an abbreviated version, it is not necessary to disclose the occurrence or manner of death if it was more than three years earlier, nor to disclose that an occupant had, or died from, AIDS. On the other hand, this law does not authorize making an intentional misrepresentation of any fact in response to the buyer's direct inquiry.
Related Questions & Answers
Recieved a notice of levy on property I have a substantial judgement filed against... Asked 2/07/05, 11:04 am in United States California Real Estate and Real Property
The good old roommate and boyfriend problem Myself and my 2 roommates are renting a... Asked 2/06/05, 4:15 pm in United States California Real Estate and Real Property
Housing question I am one of 30 people living at a Clean & Sober Living... Asked 2/03/05, 10:38 pm in United States California Real Estate and Real Property
Homestead a manufactured home on leased land Primary residence is a manufactured... Asked 2/03/05, 3:52 pm in United States California Real Estate and Real Property
BLM/GRO Land Records My grandfather who is no longer living has a land patent... Asked 2/03/05, 3:22 am in United States California Real Estate and Real Property