When selling real estate, there are numerous disclosures you need to make. These often focus on material issues with the property. For example, if there are defects or damage that you’re aware of, the buyer deserves to know. You have to disclose issues such as broken appliances, a leaking roof or past damage caused by termites or other pests.
But what about something that doesn’t physically affect the property, such as a death in the home? While some buyers would certainly want to know, sellers might argue that it doesn’t change the property itself and shouldn’t impact its value. So, are you legally obligated to disclose if someone died in the house?
The last 3 years
In many states, sellers are not required to disclose this type of information. However, California has specific laws addressing this issue. If someone died in the house within the last three years, you are legally required to disclose it to potential buyers.
For instance, if your parents recently passed away in the house six months ago and you are the estate administrator, selling the home on their behalf, you must inform prospective buyers—even if they died of natural causes.
On the other hand, if you’ve lived in the home for 20 years and someone passed away there shortly before you purchased it, you are under no obligation to disclose that information to the next buyer. Since more than three years have elapsed, California law does not require this disclosure.
Understanding your legal options
Disputes over real estate disclosures can sometimes arise, especially if a buyer feels they were misled or not fully informed. It’s important for all parties involved to understand their legal rights and obligations to navigate these situations effectively.