When buying a house does the person selling have to tell you if there has been a murder in that home?
Answers:
depends purely on the state you live in. Some states require that disclosure and it is illegal to disclose that in others unless expressly authorized by the current owner. It is considered a stigmatized property.
Homes which have been the scene of suicides or murders are said to be "stigmatized" and around the country there have been different approaches to this issue.
Depending on your state, a stigmatized property law might require disclosure for some acts, but not others; require disclosure for so many years; or forbid disclosure. Some states do not have stigmatized property laws and in such jurisdictions the matter is unsettled. Thus, what is required of an owner or broker varies widely by state. It may well be that no disclosure is required in this case.
Yes
Depends with your states declaimer laws. Check with a realtor in your state what the law is.
yes and no - Laws of disclosure vary from state to state and from judge's interpretation. But technically, disclosure entails only those thing that affect the material value of the property.
For instance, I used to live in a house where someone committed suicide. The only way I found out was from a neighbor when I mentioned a small hole about head-high in a hallway wall. If I had been queasy about that sort of thing, I'm sure I would've raised unholy hell about not being told, even though I might not have prevailed legally. I just used a picture frame to cover up the bullethole.
Like many older houses, it had several mysterious creaks and sounds but the best haunted effect was a bedroom door that would open by itself, scaring the bejesus out of anyone who was in there. In reality, because of foundation settling, if the door wasn't shut securely, it would gradually slide open and eventually gravity would take over and it would swing open!
The owner and realtor are trying to sell a house. They're not going to disclose anything they don't have to. Always ask the neighbors about problem people (bad dogs, mean kids, sex offenders, etc.) in the neighborhood or anything weird that's gone on in the house. For example, if drug-dealing or prostitution were going on, you wouldn't want to have your small children where criminals and other undesirables may show up at all hours.
No, that is not required in disclosure. One of the things they are required to disclose is if there has ever been a fire in the structure. That is about it.
YES. At least in the state of Florida.
In California you have to disclose if there has been a death in the house. My father passed away in his home and when I sold it I had to dislcose that fact.
By law, you are required to notify any prospective buyer of the murder. You need to tell your RE agent and he needs to put it in the paperwork. Although it is a "black mark" against the property, if the price is right some people do not care and others are attracted to properties that were in the news.
If you bought a home and later found out a murder took place in the home and the Listing Agent did not disclose it you have grounds get out of the sale. If the home has closed you then must to to court but then you would have to prove the agent knew or take the owners to court. The best thing to do is talk to the Listing Companies Broker, he is the boss and the one responsible for all his agents. Tell him about the situation you are in and that the agent did not disclose this vital information.
If you get no satisfaction and have to go to court you can also turn the Broker and agent in to the Department of Real Estate in your State. They can fine or suspend the license of any agent or broker who breaks the laws. But you should try to handle it peacable first.
Good Luck
Don't listen to anyone who says yes. Yes you have to disclose anything that materially effects the value of the house. Unless the murder damaged the house in some way or a persons use of the house is limited in some way because of it(such as an ongoing investigation) legally a murder would not in anyway affect the value of a house so it need not be disclosed.
Now this doesn't mean that you shouldn't disclose it. Use you judgment. If the house is known for the murder or it was a very recent event it may be in your best interest to disclose it. A good lawyer might be able to make a good case out of it later. If you think it might come up later, check with a real estate attorney
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