Mortgage News

What kind of death must be disclosed to home buyers?

 · Buyers must now be told of anything that could affect the value of a new home Sellers could face criminal charges and up to two years in prison if they fail to disclose.

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 · A house can be hiding any number of expensive headaches – within its walls, underground, or even in plain sight – many of which the average home buyer isn’t equipped to recognize, like an old underground oil tank or unhealthy levels of radon gas. Luckily, the listing agent is required to disclose these issues. right? Well, yes.

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While it varies by area, most buyers will receive property disclosure statements after their offer has been accepted, says Atlanta Realtor Bill Golden. That way, buyers can review this paperwork at about the same time that they typically hire a home inspector to check the property for any defects.

Is a death in the house a material fact? I think that’s the core of the issue. If it is, it should be disclosed; it’s not something a buyer could find out easily. It isn’t something that’s going to show up in the home inspection. (At least I hope not.) If it isn’t, then, no, you don’t have to disclose unless the buyer asks.

Home sellers must disclose anything that may be a risk to the buyer’s health and safety. The most common issue disclosed is lead-based paint. A Lead-based Paint Disclosure is required for homes built in or before 1978, the year that lead-based paint was banned.

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Many home buyers are fine with news of a death occurring in the house as long as it wasn’t violent or gruesome. There are also buyers who believe homes are haunted by former occupants who died in the house. If you have specific details, you might want to consider sharing it with the buyer unless it pertains to AIDS.

Penalties. You have recourse if you purchase or rent the property, move in, then find out later that someone died in your home within the last three years. California allows you to file a lawsuit against the seller, lessor, his agent or broker – or even your own agent or broker broker – for failure to disclose.