Do You Have to Disclose a Death in the House?
The death disclosure rules vary by state, but usually, violent deaths have to be disclosed to a buyer and natural deaths do not.
Written by Bonnie Stinson
Reviewed by Georgina Grant
Home sellers have a legal obligation to disclose a death in the house if asked. Without any prodding from the buyer, you might only have to disclose a death in the house if it was violent, while natural deaths usually do not need to be disclosed. It’s important to consult with a realtor, however, because the rules in every state are slightly different.
Buying or selling a house is a complicated process, emotionally and logistically. In addition to getting a mortgage, putting in an offer, and purchasing
homeowners insurance
, many buyers worry about a potential new home’s history. Superstitious or not, you don’t want to feel like you’re being kept in the dark on purpose.Sellers, on the other hand, don’t want to reveal any details that may result in a lower property value unless absolutely necessary.
Here’s an overview of the real estate guidelines around death disclosure when selling a house
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Do you have to disclose a death in a house you are selling?
In most states, there is no legal obligation to disclose a death if the person passed away peacefully of natural causes. If someone died of old age, for instance, the seller does not have to disclose it.
Some states require you to disclose material facts, which are potential defects in a home; however, many states do not consider a death in your house to be a material fact.
From New York to Alaska, some states have exceptions:
- In California, every death must be disclosed if it occurred in the three years prior to selling.
- In Delaware, no disclosure is required unless asked in a written request.
- In Vermont, disclosure is only required if the circumstances of the death affect the use or value of the home.
- In New Jersey, disclosure is only required if the death was caused by toxic conditions like mold or carbon monoxide.
Check with your real estate agent about the disclosure requirements under your state law.
Violent deaths
The disclosure laws for disclosing violent deaths are strict. In most states, the seller is obligated to disclose events like a murder or a suicide that occurred on the property. That’s because violent deaths could stigmatize the property, harm its reputation, and even affect its property value.
As a potential buyer, here’s the important part—in all situations, the seller is required to disclose a death in the house if the buyer asks. Withholding this information could result in legal consequences.
What happens if you don’t tell someone?
If a home seller willfully withholds information or deceives a home buyer with false information, they could be sued and possibly convicted of a crime. It’s always a good idea to disclose negative information about a property, even if you’re not legally obligated to do so.
Does a death in a house affect value?
Yes, a death in your house can negatively impact a property’s value; however, this effect is usually limited to violent deaths.
Researcher and property appraiser Randall Ball found that stigmatized homes (where violent crime or death has occurred) tend to drop in value by 10 to 25%. In addition, these homes stay on the market for 45% more time.
Homes in the vicinity are not even immune according to Ball—house prices within 0.2 miles of a murder house dropped in value by about 4.4% in the year following the crime.
Whether you’re a prospective buyer or you’re trying to sell a house with a death on record, you can get legal advice from an estate attorney.
MORE: How to negotiate after a home inspection
What else do you have to disclose when selling a house?
In addition to violent deaths, there are several other details about the physical conditions and surrounding area that sellers must disclose when selling a home:
- Neighborhood nuisances (like industrial odors or shooting ranges)
- Known hazards (like lead paint or location on a flood plain)
- Homeowners’ association status
- Previous structural repairs and repair history
- Evidence of water damage
- Missing items (gutters, water heaters, etc.)
- Presence or history of pests
Remember that property disclosure laws vary by state. Buyers should be very careful not to assume that a seller will make all the disclosures listed above. Physical defects are a typical requirement in a seller’s disclosure, but it’s not guaranteed. Paranormal activity is not a required disclosure in every state, either.
Do your due diligence and check your local guidelines carefully. Work with your listing agent or buyer’s agent to ask specifically about problem areas, and don’t be afraid to get a home inspection. If you end up with a toxic or damaged property, home insurance will be very difficult to find—not to mention, you’ll be stuck with a property you can’t live in.
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FAQ
Is it hard to sell a house that someone died in?
It depends on the circumstances of the death. If someone dies of natural causes, there is less stigma around the property. However, an accidental death (like drowning) or violent death (like murder or suicide) can create barriers to selling a house. Work with a realtor to disclose the required information to sellers. It may also be easier to find a renter for a year before selling.
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