Legal Question in Real Estate Law in Florida

Re: murder in house

Yes, it must be disclosed. In Johnson v. Davis 449 So.2d 344, *349 -350 (Fla.App. 3 Dist.,1984)the court held that "We agree with the reasoning and results in Weintraub, Posner, and the cases cited in accordance below and hold that where the seller of a used home knows of facts materially affecting the value or desirability of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer. Accord Reed v. King, 145 Cal.App.3d 261, 193 Cal.Rptr. 130 (1983) (home the site of multiple murder); *350 Schnell v. Gustafson, 638 P.2d 850 (Colo.Ct.App.1981) (uranium tailings under home); Flakus v. Schug, 213 Neb. 491, 329 N.W.2d 859 (1983) (flooding in basement); Thacker v. Tyree, 297 S.E.2d 885 (W.Va.1982) (cracked walls and foundation problems); see Lingsch v. Savage, 213 Cal.App.2d 729, 29 Cal.Rptr. 201 (1963) (stating rule as applicable to real property in general)."

Good Luck,

Randall Gilbert