Special offer
S. Leanne Paynter ☼ Broward County, FL, Davie, Plantation, Cooper City & Weston Specialist (United Realty Group, Inc.)

Spam prevention
Rainmaker
991,352
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

"drug" house is possible but only if Hazardous materials were present.  However deaths in homes are not required.

And haunted? Um, no.

Oct 17, 2017 04:58 PM
Ambassador
2,684,569
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

      In Florida, we are NOT required to disclose suicide, homicide, etc.

      If we decide to "disclose anyway", we should get written permission from our Seller, and / or a written opinion from an attorney.   A disclosure may damage the seller and violate a fiduciary relationship.

Oct 17, 2017 04:08 PM
Ambassador
5,254,055
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

I'm all about Disclosure but, those items are not something that are required to be disclosed in NC or SC and I wouldn't advise my seller clients that they should either.

Oct 17, 2017 05:46 PM
Rainmaker
2,221,377
Anthony Acosta - ALLATLANTAcondos.com
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

I follow the rules in my state.

Oct 18, 2017 04:50 AM
Rainmaker
5,583,328
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

I think everything that would make a buyer change his/her mind about a property should be disclosed....

Oct 17, 2017 05:54 PM
Rainmaker
759,485
Peter Testa
Nationwide Homes - Danbury, CT
PETER TESTA

Even when the state says you don't have to disclose it there are still "gray areas" that an attorney would challenge you on if you were sued over it. Avoid that liability & be transparent in your presentation of listings- disclose everything relevant that you know!

Oct 21, 2017 07:39 AM
Rainmaker
599,734
Nathan Gesner
American West Realty and Management - Cody, WY
Broker / Property Manager

My state does not require disclosure of anything. Buyer is responsible for discovering what they are buying.

Oct 18, 2017 05:18 AM
Rainmaker
5,112,886
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

There is a long list in NC as to what must or must not be disclosed. I don't disclose more than is required. However, if asked something specifically I will provide a truthful answer.

Oct 18, 2017 03:16 AM
Rainmaker
3,988,013
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Our state does not require disclosing stigmatizing occurences. Only conditions that affect the physical condition of a property must be disclosed. As to whether stigmatize issues should be disclosed voluntarily, it would not be in the seller's best interest to disclose. A buyer will want to know so as a buyer's agent I do disclose if I have factual information though the law protects me from having to disclose.

Oct 17, 2017 05:20 PM
Ambassador
6,418,182
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

If it is an adverse fact then yes.

Oct 17, 2017 06:01 PM
Rainmaker
1,056,412
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

AZ, IF there is a known sex offender nearby, occupant has/had AIDS, HIV, or disease not transmitted through occupancy, a suicide, natural death, murder, or any other felony was committed at the property . . . property owner need not disclose it; listing agent may not disclose it.

I've never had a stigmatized listing. But a friend of mine in LA had one up in the Hollywood Hills. Sellers were not getting along. Husband decided to blow his brains out in the master bedroom. After it got cleaned up, she wondered if she'd be able to sell the house. I believe that disclosure was required in CA. I told her to reach out to Marilyn Manson's people LOL. The house was sold almost immediately afterwards (not to Marilyn Manson).

Location location location.

Oct 17, 2017 05:51 PM
Rainmaker
7,864,011
Roy Kelley
Retired - Gaithersburg, MD

Just follow the rules in your state.

Oct 17, 2017 03:57 PM
Rainer
420,003
Caroline Gerardo
Licensed in 20 states - Newport Beach, CA
C. G. Barbeau the Loan Lady nmls 324982

I feel that a murder, drug house like a meth cooking house, and any dead bodies buried need to be disclosed no matter the laws.  Haunting maybe not, can't prove if true. For example an address that has people selling drug may have old customers door knocking. In California its required to disclose death if in last 3 years in the house. Owner would disclose methampheyamine contamination in house is different- toxic chemicals worse than lead paint exist. BUT it's not the agent who discloses - its the seller.  

Oct 17, 2017 03:50 PM
Rainmaker
637,484
Hella M. Rothwell, Broker/Realtor®
Carmel by the Sea, CA
Rothwell Realty Inc. CA#01968433 Carmel-by-the-Sea

Yes in California. A tenant in one of my listings shot himself and, yes, I had to disclose. He was under VA care when he committed suicide and everyone was very supportive. It didn't "stigmatize" the home, it was just tremendously sad.

Oct 17, 2017 03:49 PM
Rainmaker
1,231,853
Mary Yonkers
Alan Kells School of Real Estate/Howard Hanna Real Estate - Erie, PA
Erie/PA Real Estate Instructor

PA Seller Disclosure does not address stigmatized properties as other states do. The decision to disclose is the seller's not the agent. 

Oct 22, 2017 07:15 PM
Rainmaker
5,877,355
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

If someone has died or committed suicide, listing agents/sellers are not required to disclose, but usually suggest to do so.  They will find out from the neighbors, and if this will be an issue, would rather than see the offer.

Oct 21, 2017 07:10 AM
Rainmaker
1,506,053
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Death within 3 years (used to be 7), HIV and other similar causes excluded.  Drug houses and the sex offender registry.

 

Now of course as any lawyer would say "if it could affect the value of a home or the client's desire... disclose, disclose, disclose!"

Oct 18, 2017 10:24 AM
Rainmaker
613,494
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

If you are TRUELY representing the buyer, than it IS YOUR JOB to disclose everyting you know...if you think you need to check with the seller, your broker, attorney, or state requirement...then you should NOT PRETEND to represent the buyer.

I tell the buyer everything...it is call "full disclosure", buyer can then decide if they want it.

Eve

Oct 18, 2017 05:30 AM
Rainmaker
1,553,515
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
CEO of Vision Drive Realty - Coastal San Diego

Yes, death, especially violent death is a required disclosure within time frames. And if directly asked. I had to "kill" a deal on a house where we discovered a double murder had occurred...the new carpet in the living room was the first clue...the rest of the house seemed original, yet new living room carpet. 

Oct 18, 2017 04:56 AM
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

Disclose what's required and permissible.

Oct 18, 2017 04:10 AM
Rainmaker
634,532
Kathleen Luiten
Resort and Second-Home Specialist - Princeville, HI
Kauai Luxury Ocean Home Sales

Meth houses and any other potentially hazardous uses need to be disclosed in Hawaii.

Oct 18, 2017 02:48 AM
Ambassador
5,060,554
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Yes there are a number of issues to be disclosed, including a death within the last 3 years. Have sold a couple of homes where this necessary but it did not seem to be an issue.

Oct 17, 2017 04:39 PM
Rainmaker
1,624,853
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

The death on the property have to be disclosured up to 3 years in CA, I believe the murder as well. And yes, I disclosure all i know in my AVID.

Oct 17, 2017 04:06 PM
Rainer
430,282
J.R. Schloemer
Kentucky Select Properties - Louisville, KY

Only Meth houses are required to be disclosed. Other items are on a as asked basis. I typically do not think about if it should be voluntarily disclosed.

Oct 17, 2017 03:40 PM
Rainmaker
808,279
Steve Higgins
RE/MAX Kelowna - Kelowna, BC

We have to disclose if the house was a former grow-op and/or thing that could be detrimental to the buyer. Haunted or deaths do not have to be disclosed. I don't think anything that is not detrimental to buyer doesn't need to be disclosed. I tell all my buyers to google the home that way they will know if the house has been stigmatized.

Oct 23, 2017 05:19 PM
Rainmaker
4,960,561
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Meth house is a must.

 

Oct 19, 2017 10:17 AM
Ambassador
3,349,444
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Yes. Material Facts must be disclosed.  A death within the past three years must also be disclosed. 

Material is anything that IF a buyer had know would not have made an offer on the home.  If we know it ... we need to disclose it. 

Oct 18, 2017 10:05 AM
Rainmaker
902,038
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Not required; often agents not aware. If aware, should disclose if asked.

Oct 18, 2017 09:40 AM
Rainmaker
5,239,966
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Every state takes a different approach. Check your state law and make sure you don't inhibit a sale!

Oct 18, 2017 07:03 AM
Rainmaker
1,466,257
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

S. Leanne Paynter ☼ Broward County, FL Sellers usually use a disclaimer. Only required to disclose adverse material facts.

Oct 18, 2017 06:48 AM
Rainmaker
4,800,132
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Depends on what you consider to be an issue that would stigmatize a home.  Most of your examples are not required in FL.

Oct 18, 2017 06:37 AM
Rainmaker
1,728,256
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

Yes, with conditions. We are not allowed to divulge if a past resident died from AIDS, for example

Oct 18, 2017 06:31 AM
Rainmaker
1,241,754
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

often the listing agent is not well informed and do not have ta clue. Sellers often do not want to disclose it...  My home was listed 6 times by different realtors. One died on the job trying to market it for me.

Oct 17, 2017 10:49 PM
Rainmaker
4,319,773
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

It is always a good idea to fill in the disclosure.

Jun 14, 2018 08:41 PM
Rainer
382,309
Sally Lawrence
Advantage Real Estate - Tehachapi, CA
Broker, CHS, e-Pro, SFR, REALTOR®

Of course you have to operate within the strictures of your state laws.  In CA for example, the disclosure requirements are such that I now have an unsaleable house.  I put my personal house on the market in late July this year for $500k in a market where the median price is $272k.  Got a buyer at full price in August.

A new buyer closed on the house across the street from me in early September and began collecting dogs.  My buyer canceled in mid-September but did not specifically say it was because of the dogs. So I put my house back on the market.

In early October, my new neighbor now has at least 15 dogs that she doesn't feel need to be contained, kept quiet or kept on her own property.  Early one morning while I was taking my two dogs out, on leash and in my own driveway, we were surrounded by 10-15 of her dogs that had come onto my driveway.  They knocked me down, injuring my knee and hip but I was able to get back inside without anyone getting bit.

We had a repeat performance the next morning except this time I was 6 steps out my front door when they came at us from three different directions!  I called the police and animal control.  They removed 15 live dogs and 3 dead puppies from the property, issued 67 citations and $9,000 in fines (which she paid the next day!)

Two weeks later the dogs are back, still running loose periodically and I still have to call animal control repeatedly because the dogs are barking, fighting among themselves and running loose onto my property.

So, here's the point, I have to disclose the nuisance that affects my property forever according to CA law (and yes, I had a lengthy discussion with CAR Legal Hotline about this!).  When and if the problem is abated I get to amend my disclosure.

Since this nightmare began, I have had every showing canceled once the agent has provided their buyer with the disclosure.  So, the chances that someone will buy my house are slim and none.  The only good news is that I am pursuing a claim against the neighbor for CC&R violations and resultant physical injury and diminution of my property value.

And, I always advise my clients to disclose anything that they have knowledge of that might affect the buyer's willingness to purchase.  Chances are excellent that 3 weeks after closing, a neighbor will tell the buyer what the seller failed to disclose.

 

Nov 01, 2017 08:24 AM
Rainmaker
715,802
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

Our disclosure laws do not require death in the home be disclosed. We have represented a home where a murder/suicide happened.

Oct 26, 2017 02:12 PM
Rainmaker
594,265
Maria Gilda Racelis
Home Buyers Realty, LLC-Manchester, Bolton. Vernon,Ellington - Manchester, CT
Home Ownership is w/in Reach. We Make it Happen!

My buyer backed out of a contract because  the seller's husband died in his home and not at the nursing home as told by the seller's listing agent. 

In CT, we are not required to disclose if a property is stigmatized or psychologically impacted. 

However, if the buyer asked a question and answer to which could affect his/her decision, it should be disclosed by the seller.

 

Oct 24, 2017 11:46 AM
Rainmaker
4,434,177
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Depends on stigma.

Oct 19, 2017 02:50 AM
Rainmaker
2,784,706
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

What makes this so compelling are two things: 1. The Statute of Limitations is four years in CA Real Estate for bringing suit and 2. People tend to settle disputes in the courts. I usually list everything I know on a addendum with an instruction to do diligence to their contentment not mine

Oct 18, 2017 06:10 AM
Rainmaker
4,901,858
Richard Weeks
Dallas, TX
REALTOR®, Broker

If it property was ever used in the manufacture of meth it must be disclosed.  I guess that would be considered stigmatized.

Oct 18, 2017 05:30 AM
Rainmaker
3,416,038
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

The law here is if they ask, and you know, you have to answer. 

Oct 18, 2017 05:15 AM
Rainmaker
3,986,308
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

Not required but we do it anyway and yes to the other question.

Oct 17, 2017 07:09 PM
Rainmaker
1,712,776
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

Ours do not.

Oct 17, 2017 06:24 PM