Special offer
Jane Kalinowsky, 3rd Generation REALTOR® SRES®, CCS® (Luxury) (Pantanella & Partners)

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Rainer
10,165
Dianne Langston
eXp Realty - Redding, CA
Dianne-The Difference Maker!

The California Seller Property Questionaire has a flaw in that it asks "if an occupant has died in the property"? This must be disclosed. However, I was in the dubious position where it was suspected that someone had been murdered in the property, but she was not an occupant. Also, we didn't know where the homicide occured. The police had not released that information. However, the next door neighbor did us the honor of going out to meet any agent and their client to inform them that a "horrific" death had occured in the property. It was a nightmare because we actually didn't know if that was true. What would you have done?

Apr 30, 2015 11:40 PM
Rainmaker
280,599
Jeanne Gregory
RE/MAX Southwest - Sugar Land, TX
The most important home I sell is YOURS!

Texas Seller Disclosure has a spot for that.  Not suicide (although I would disclose) or death from natural causes, but homicide is a big deal.  Anybody want to buy Andrea Yates old house? 

Apr 30, 2015 11:08 AM
Rainmaker
400,356
Jill Murty, Realtor - Orange County, CA
Movoto - Laguna Niguel, CA

Tell your clients as soon as they express any interest or sooner. 

Even if you're past the timeframe in which you must disclose, you might consider disclosing anyway.  If your clients buy the property, the first thing the neighbors will do is ask if they heard about the murder.  

Your clients will ask why you didn't tell them and it will reflect poorly on you.  No one wants to hear an agent say they knew something and decided not to say something because they're not required to do so.

Apr 30, 2015 05:59 AM
Rainmaker
1,432,649
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

In California I beleive it needs to be within the last 3 years.  And you also need to consider that if you disclose and you are not required to you could get in trouble with your client.  I would check with CAR Legal if the issue came up.

May 01, 2015 02:54 AM
Rainmaker
637,976
Scott Fogleman
Richmond, VA

In Virginina you do not have to disclose a death or murder in a home

Apr 30, 2015 11:38 PM
Rainer
55,296
Tabitha Rector-Richardson
Premier Homes Realty - Owings Mills, MD
Premier Homes Realty (443) 415-4215

Nope not in the state of Maryland.... Deaths do not have to be disclosed! If it's important to the client, they need to do the research....

Apr 30, 2015 11:35 PM
Rainmaker
4,882,355
Richard Weeks
Dallas, TX
REALTOR®, Broker

As soon as I had knowledge of the crime.

Apr 30, 2015 09:47 PM
Rainmaker
1,325,299
Donald Urschalitz
Lubeck Realty Group - Jupiter, FL
P.A. Realtor ABR RSPS North Palm Beach County

We do not have to disclose in Florida but I will always present a seller disclosure so a potential buyer knows the facts.

Apr 30, 2015 11:17 AM
Rainmaker
3,986,258
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I would disclose regardless.  Easier than having a client drop a deal after a couple of weeks work.

Apr 30, 2015 10:31 AM
Rainmaker
5,772,575
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Jane,

I like to give the facts from the very beginning, if there is a problem, might as well move on to the next house.  A

Apr 30, 2015 09:52 AM
Rainmaker
1,239,901
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Last 3 years.

Apr 30, 2015 08:50 AM
Rainmaker
443,220
Cindy Davis
SD Home Source Realty - San Diego, CA

Absolutely that must be disclosed early on.

Apr 30, 2015 08:40 AM
Rainmaker
634,482
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

In Hawaii this is one item on the Seller's Real Properly Disclosure form and disclosure is required. If I am aware of the fact I would disclose it to my buyer as soon as I know they are interested in that property.

Apr 30, 2015 08:26 AM
Rainmaker
1,661,936
John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM
Honesty, Integrity, Results, Experienced. HIRE Me!

This actually happen and yes I told them right away. 

Apr 30, 2015 07:46 AM
Rainmaker
516,437
Brenda J. Andrew
ULTIMA REAL ESTATE - Willis, TX
Professional Realtor in Conroe/Willis, TX

If I know, then I disclose immediately.  We are required to disclose, but I also put myself in the clients shoes, and I would want to know.

Apr 30, 2015 07:00 AM
Rainmaker
4,800,082
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

It is not a required disclosure in Florida.  Though, if I were aware of it, I would tell my client immediately when I found out.

Apr 30, 2015 06:25 AM
Rainer
216,904
Sharon Altier
Coldwell Banker Realty - Elmhurst, IL
Luxury Property Specialist, CSC, SFR

If you are representing the Buyer, tell them when you know they are interested in a home.  It may or may not adversely affect the purchase.  Hopefully you will have the facts on the matter (i.e., home invasion may be of more concern than murder/suicide) and can walk them through it.  We are not obligated to inform them when someone dies in their sleep or found dead in home from natural causes, so hopefully they can get past this.  Good luck!

Apr 30, 2015 05:21 AM
Rainmaker
248,771
Dale Taylor
Re/Max 10 New Lenox Illinois http://dtaylor.remax.com - Frankfort, IL
Realtor = Chicago Illinois Homes Townhomes Condos

Play it safe and do it old school.  When in doubt disclose - disclose - disclose - immediately upon you having the information, and how the information came to your knowledge.  When they probe you for more information, be the source of the source, tell them where they can research it further.

May 12, 2015 10:13 AM
Rainer
2,274
Kevin Tomlinson
Trinidad Realty - Trinidad, CO

Disclose,disclose,disclose what may not be of concern to some maybe to others, some nationalities have a large concern over such incidents.

May 04, 2015 08:33 AM
Rainmaker
85,130
Deb Harshman
Long and Foster - Christie's International Real Estate & Owner of Staged Home Decor - Potomac, MD
REALTOR & ASPMaster Stager, The Selling Advantage

Wow, it looks like these comments are all over the place. In MD, you don't have to disclose. If I represented a buyer, and I knew of a murder, I would have to tell them. (I think) 

May 04, 2015 02:07 AM
Rainmaker
85,373
Ernest Villafranca
Better Homes and Gardens Real Estate - Oakland, CA
3923 Grand Ave. Oakland CA, 510-418-9443

Disclose asap. Let the client decide if it's important or not.

In CA it's 3 years.

If you get a painful feeling in your gut, that's a sign that you better disclose.

If I were to know someone was murdered at my listing 40 years ago before I was born, I'm disclosing it.

May 03, 2015 04:31 AM
Rainer
428,933
Chris Lima
Turtle Reef Realty - Port St Lucie, FL
Local or Global-Allow me to open doors for you.

Great question, Jane. Here in Florida we do not have to disclose this type of situation.

fact.http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0689/Sections/0689.25.html

May 02, 2015 09:15 AM
Rainer
158,165
Laura Moore
Coldwell Banker - Granite Bay, CA
Competent ~ Caring ~ Committed

As soon as someone shows interest.

May 02, 2015 07:07 AM
Rainmaker
181,157
Sonsie Conroy
I serve buyers and sellers everywhere in San Luis Obispo County - San Luis Obispo, CA
Energetic, Enthusiastic, Knowledgeable Realtor

We had a truly awful and national-news-making double kidnapping and murder, and the house that was involved came up for sale a couple of years later. Of course, anyone who showed it knew he or she had to disclose, and the house itself was a difficult sell anyway because it was so far out of town. It languished on the market for at least three years and through many price reductions before it finally found a new owner.

Even if it had not been required, I would have disclosed that information. It was so well-known in the area (heck, in the entire state and probably further) any buyer would have found out about it, bnt even so, it would have been just plain wrong to let that sort of information remain untold.

May 02, 2015 03:07 AM
Rainer
86,514
Mike Kelly,CRS,CIPS
The MJKelly Team - Santa Rosa, CA
"One of Sonoma County's Natural Resources"

Our California Disclosure laws state for a "death" its 3 years but for an "infamous" death (my quotes!) you need to disclose regardless of years (murder or suicide). With certain clients who have a cultural predujice towards ANY death in a home I disclose regardless of time of death. We had an Asian family purchasing a home where both grandparents and the Father of our client passed in one of the homes on the property. We disclosed this though it had been over 20 years! They backed out of the deal.

May 01, 2015 11:05 AM
Rainer
557,375
Kimo Jarrett
Cyber Properties - Huntington Beach, CA
Pro Lifestyle Solutions

I would disclose any death that occurred, however, we're all mortal and will all die someday, so, I don't see why any buyer would make that an issue unless the house was haunted. LOL!

May 01, 2015 10:10 AM
Rainer
135,577
Geoff Grist
Mosman Neutral Bay Realty, Sydney Australia - Sydney, AU
Author of Sold Above Market book

Yes in Australia, murder falls under the category of "Material Fact" along with asbestos and anything that might affect the buyers decision to purchase or not purchase the home, not disclosing will cost you a $220,000 fine.

As an agent we have an obligation of a duty of care to the client and a commitment to act honestly, fairly and professionally; a responsibility to disclose certain matters to prospective buyers and tenants.

May 01, 2015 10:05 AM
Rainer
45,021
Dave Hymes
RE/MAX Gold - Placerville, CA

I would disclose it as soon as I knew. The last time I had a situation like that (it was a suicide) I told them about it before I even showed them the home. If it's a problem with a client I would prefer to get past it ASAP.

May 01, 2015 08:19 AM
Rainmaker
1,767,614
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

I don't know current Idaho law, but back when I was an agent disclosing or not disclosing was a double-edged sword. You could only disclose a suicide with the seller's permission - and not all sellers are willing to disclose. 

I don't know about murder - we never had one of those. 

May 01, 2015 07:44 AM
Rainer
21,495
Leslie Campos
Tierra Antigua Realty - Safford, AZ
The Only CRS in Graham County

In AZ we don't have to disclose. Our agency forms and disclosure docs spell it out very clearly. At the same time, its never wise to lie when asked a direct question and its best to let people know because it certainly may be material to the buyer.

May 01, 2015 07:17 AM
Rainmaker
699,277
Chris and Dick Dovorany
Homes for Sale in Naples, Bonita Springs and Estero, Florida - Naples, FL
Broker/Associate at Premiere Plus Realty

Florida got away from that.  If you are required then do it day 1.

May 01, 2015 06:59 AM
Rainmaker
263,898
Sandra Paulow
Aspen Properties, Inc. - Pinetop Lakeside, AZ
REALTOR, Associate Broker, GRI, SFR

In Arizona we are not obligated to disclose that information.  The buyers are given a Buyer's Advisory that includes websites where they can go to find out anything they want to know.  I do feel the buyers are entitled to know that information.  Most times the sellers will disclose that information on their own. 

May 01, 2015 05:57 AM
Rainer
19,676
Rose O'Reilly Sievers,CRS,SRES
Carlsbad, CA

In California, the seller has to disclose if there was a death in the home within the last 3 years, and if the buyer asks, even if it is  longer than 3 years, I would think the same would apply, if it were a homicide.

May 01, 2015 03:42 AM
Rainer
149,298
Theresa Akin
CORPUS CHRISTI REALTY GROUP - Corpus Christi, TX

If I know it and the sellers know but won't disclose, I walk. What else are they not disclosing? I also will inform my buyers. Neighbors talk!!

May 01, 2015 03:15 AM
Rainmaker
1,107,863
Sharon Parisi
United Real Estate Dallas - Dallas, TX
Dallas Homes

The answer in Texas is "immediately!"

May 01, 2015 03:03 AM
Rainmaker
1,251,755
Kristin Hamilton CA REALTOR
Berkshire Hathaway California Realty - Beaumont, CA
(909) 557-6966- Specialize 55+ Communties Banning

In California, anything that happened in the past three years; deaths, horrific crime etc. I would disclose it anyway if it is past 3 years because the neighbors will tell them later and could be a lawsuit. One exception in our state is if a person died of AIDS as they are a protected group. I have had 3 clients over the years that died in their home of heart attacks and no one seemed to mind. 

May 01, 2015 02:06 AM
Rainmaker
376,147
Lloyd Binen
Certified Realty Services - Saratoga, CA
Silicon Valley Realtor since 1976; 408-373-4411

Give bad news upfront in the listing's MLS remarks if the seller agrees.   In CA a death within 3 years must be disclosed unless the death was caused by HIV/AIDES.

May 01, 2015 01:30 AM
Rainer
42,670
Fred Hafdelin
Weichert Realtors - Mountain Lakes, NJ

Im in N.J. and we don't have to disclose this information unless we are specifically asked for it. However, As soon as I found out about the homicide I would let my clients know about it whether they asked for the information or not..

May 01, 2015 01:28 AM
Rainer
93,694
Patrick Willard
Rio Rancho, NM

In New Mexico you do not have to disclose. It's really up to the seller. On the other hand the buyer will probably find out anyway (nosy neighbors) so why not disclose. A couple years ago my neighbor committed suicide. His girl friend was handling the estate. I did a CMA for her. She decided to rent the property. If she had decided to list with me, and if she would have decided to not disclose, I would have turned down the listing. She would have had every right to not disclose, but I wouldn't want to have my new neighbor mad at me because they found out about the suicide after closing.

May 01, 2015 01:00 AM
Rainer
9,110
Christine Roush
Century 21 M&M and Associates - Pacific Grove, CA

In California, this must be disclosed in the Transfer Disclosure Statement right up front....if death occured within the past 3 years.

May 01, 2015 12:43 AM
Rainer
86,302
Mary Lawler
Realty Executives Advantage - San Diego, CA
Your Community Connection

We have to disclose any death on a property within the last 3 years, not just homicide.  I always tell the sellers to disclose everything you know about the property.  I believe it saves time right up front.  If someone isn't comfortable seeing, being in or living in a home where someone has died, they just aren't the right buyer.  That said, investors are usually OK with death on property as they will be able to rent the property. 

About a homicide, if the generic term "death on property within the last 3 years" is provided, the buyers often ask more questions; who died, how they died and when they died, why they died and if it's homicide, by whom.  The agent doesn't have to disclose those details, but once the buyers speak to any neighbor it's out there, factual or not.   I guess if I were a buyer of that property, I'd want to know if the perpetrator was ever caught.

However, more and more people are choosing to die at home if they have a terminal illness, so I am preparing more "death on the property" disclosures.  Choosing to complete one's journey at home doesn't necessarily make a home unsaleable.  If you're ever in doubt, disclose!

I do hope your buyers can work through the issue and you can get them their dream home!

 

May 01, 2015 12:36 AM
Rainer
352,976
Teri Pacitto
Compass - Westlake Village, CA
Real Estate, Your Style...Your Home...My Specialty

Better to know and to disclose up front.  No need to waste anyone's time.  If it's going to be an issue it needs to be addressed.  Homicide would be a big deal I would imagine.  

May 01, 2015 12:16 AM
Rainmaker
1,725,996
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

As your clients' agent, and knowing that information; why would you not divulge the information?  Yes, we are required to inform, but even without that rule, I would anyway.

May 01, 2015 12:03 AM
Rainmaker
1,771,867
Noah Seidenberg
Coldwell Banker - Evanston, IL
Chicagoland and Suburbs (800) 858-7917

In Illinois where I do business it does not have to be disclosed and should not be.

Apr 30, 2015 11:38 AM
Rainmaker
630,251
Ajay Pandya
e-Merge Real Estate Unlimited - Columbus, OH
Realtor Ajay Pandya

When you list.

May 08, 2018 11:19 PM
Rainmaker
3,071,489
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

When it's legally required

Oct 23, 2017 04:13 AM