We recently had a listing where the homeowner lost his house after he murdered his girlfriend and dumped her body. It gave me the willies thinking he might have killed her in our listing, but as it turns out, he killed her in her own home. It was still a really strange deal, and the neighbors were always coming over trying to get info out of us. I'm glad that one is in the past.

We just had a "murder house" become a hot item in our market - it was in beautiful condition and very cheap...and several were vying for it.

In Georgia, no disclosure is required unless the buyer (or buyers agent) specifically asks for such information.

If I were listing agent, I would wait until asked.

If I were a buyers agent, I would try to determine if that would bother the buyer and then ask if requested.

Transaction agent, I would wait for the buyer to ask.

Our state law does not require a realtor to disclose circumstances that would have caused the property to be classified as "stigmatized". I think you might check with your or your broker's attorney for a definate answer on what your duties of disclosure are in your area.

Why would you not disclose it?

Just to make the sale?

Odds are the buyer is going to find out sooner or later. The neighbors always tell everything. Some buyers could care less, others will shy away from the house. Nothing worse than getting down to the wire and then the info comes out and kills the deal.

I think the idea that you are immune to lawsuits if you disclose everything is forgetting that if it's your listing, your Seller may sue you if you disclose it when it is not required by law to do so (like here in GA)and it kills his sale!

Our state law requires disclosure on murder, suicide, or accidental death relating to the property - but not natural or accidental not related to the property.

[quote=Perky_REALTOR]I think it may vary from state to state. I was under the impression that in PA at least you must disclose if there has been violent crime on the property - but I don't have my text book handy to look it up. [/quote]

Perky is this a violent crime resulting in death? Or any violent crime such as robbery w/ violent acts, sexual assault etc? Just curious.

Another View: Not only is it illegal for a seller or their agent not to disclose certain material facts that can affect the value, desirability or salability of a home, but the determination of what issues are material and acceptable or not acceptable rests primarily with the buyer.

If sellers lie by omission and get caught, they leave themselves open to both a civil lawsuit and/or criminal prosecution, innocent or fraudulent misrepresentation, comes to mind, and they would still be left with the now publicized home to sell in what could be described as a less than favourable climate.

Seller to sue his agent ???
A seller, may have difficultly in successfully suing his agent, on the basis that his agent made full disclosure of material facts, to effectively safeguard his client from civil litigation and/or criminal prosecution issues, as well as to reduce the risk of a buyer raising non-disclosure as an issue to avoid completion of the transaction.


Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information

Someone from New York can confirm this; but it is my understanding that Case Law in New York has established that even non-material or sur-real factors, such as Ghosts, or indeed, rumors of a haunting, must be disclosed; especially if this may have a deleterious effect on the value of the property.

Now, I have sold houses that were rumored to be haunted, and the Buyers were absolutely delighted that they were buying a house with a little history/personality; but they knew about it ahead of time. Most people don't like to find out afterwards.

In New York, the Buyers found out months after the Closing that the entire neighborhood knew of these rumors; but neither the Seller nor the Broker(s) involved told them about what was considered to be common knowledge in the area. The Court rescinded the Sale, awarded heavy-duty damages, and punished the Seller and the Broker(s) involved.

As some would say, "If you know(s), you must disclose !"

My understanding of New York law is that you must disclose ghosts, but don't have to disclose murders or suicides. Not that that makes sense to me....

I don't know about elsewhere; but here in Vermont WE ARE STRICTLY PROHIBITED from disclosing anything about Occupants of our Listings (past or present) having HIV/AIDS or if any have died on the premises of AIDS.

I tell Prospects that I am required to tell them everything I know; except I can't disclose anything about HIV/AIDS on this or any other property (emphasizing the "other").

I guess if I had the inclination, which I don't, I could start conversing about Polio or Leprosy or Migraine Headaches; But not AIDS because it's been made some kind of protected class here.

So, though it's too late to edit the last line of my last post, it shouldn't be read to mean 100%; I can't disclose HIV/AIDS. Perhaps this is a national prohibition ?

In Illinois you don't have to disclose anything like that. If someone killed a entire family in the home it's up to the seller to disclose anything that is not a material defect with the property.

In Connecticut we are not allowed to disclose this info. If a buyer asks we should have them put it in writing so we can submit it to the sellers/owners if they would like to answer this question they can but dont have to.
Same procedure with H.I.V.