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in the event of an owner’s intentional or willful misrepresentation of the condition of the subject property.
Although the event of a suicide/homicide may not affect the condition of the property under a strict reading, there is enough wiggle room within this phrase to put your arse on the line *if* you lie or knowingly fail to disclose a suicide/homicide when asked about such an occurrence.
If you aren't asked, you don't have to volunteer it. If you are asked, you need to tell the truth under a broad reading of the law, *perhaps* not under a narrower reading.
Check with your broker. I am licensed too and my first thought is that you don't have to disclose but I would check with my broker before I made any decisions.
Shame on you! You know you should bring this to your Broker's attention, your Broker could also be on the hook if this couple decides to sue you. Surely you have heard "when in doubt, disclose". Has the seller told you not to disclose? Why would you ask someone on this forum about real estate law when you or your Broker are perfectly capable of researching the law?
Thanks Margery for addressing what to me should be obvious. Where did the OP get his/her license! Scary.
Shame on you! You know you should bring this to your Broker's attention, your Broker could also be on the hook if this couple decides to sue you. Surely you have heard "when in doubt, disclose". Has the seller told you not to disclose? Why would you ask someone on this forum about real estate law when you or your Broker are perfectly capable of researching the law?
Great advice! this whole thread makes me wonder if the original post was legit.
I am a Realtor, I have a listing I got it after probate and after things had settled so I did not know that the husband has off'd himself violently in the bedroom (shot to the head). Anyway, where is the Virginia written code or the VAR code addressing disclosure of such "material facts"? Is it a material fact in VA? Do I have to disclose? Do I have to NOT disclose this to the Buyer? It is under contract and the buyers are Korean and will surely walk away if they know. Again, I am looking for written code addressing this situation.
Thank you in advance.
If you were my Realtor, I would fire you in a second. I thought Realtors were well educated individuals who could write a paragraph? For the life of me, I had to read this posting about 5 times to disseminate the question.
Shame on you! You know you should bring this to your Broker's attention, your Broker could also be on the hook if this couple decides to sue you. Surely you have heard "when in doubt, disclose". Has the seller told you not to disclose? Why would you ask someone on this forum about real estate law when you or your Broker are perfectly capable of researching the law?
Ditto and well said. I would add, don't you think the buyer will find out from a neighbor after the fact either way? If so, wouldn't you be better off just getting it out the way early?
I am a Realtor, I have a listing I got it after probate and after things had settled so I did not know that the husband has off'd himself violently in the bedroom (shot to the head). Anyway, where is the Virginia written code or the VAR code addressing disclosure of such "material facts"? Is it a material fact in VA? Do I have to disclose? Do I have to NOT disclose this to the Buyer? It is under contract and the buyers are Korean and will surely walk away if they know. Again, I am looking for written code addressing this situation.
Thank you in advance.
What advice did your Broker give you when you asked him/her?
We sold a suicide house last year and in TX it's not required by law to disclose. We advised the sister (executor) that while it's not required by law since it had been so recent that she should disclose the death.
She decided to avoid conflicts and disclose the death. The entire neighborhood knew and the last thing someone would want is to buy a home and have the neighbor break the news. They will find out, so disclose if possible. It could prevent a future legal problem.
I would discuss with the family, encourage them to disclose and let them make the decision.
With that said, we sold my wifes aunts home where there was a suicide about 25 years ago. It was not a factor and it was not disclosed.
I'm in Ca... selling my parents home & had to disclose my mom passed under hospice care at home. I wouldnt dream of hiding the fact anyway. I think a buyer has the right to decide if that bothers them, and yes it will bother some. Do you have the right to knowingly keep this from a buyer? maybe legally, but some folks are so superstitious that this could ruin them being happy in this home. I wouldnt want this on my conscious. Guess you have to do what you think is best, but I wonder how you KNOW it will end the deal..??? And if you do tell them, please dont say he "offed" himself.
I'm in Ca... selling my parents home & had to disclose my mom passed under hospice care at home. I wouldnt dream of hiding the fact anyway. I think a buyer has the right to decide if that bothers them, and yes it will bother some. Do you have the right to knowingly keep this from a buyer? maybe legally, but some folks are so superstitious that this could ruin them being happy in this home. I wouldnt want this on my conscious. Guess you have to do what you think is best, but I wonder how you KNOW it will end the deal..??? And if you do tell them, please dont say he "offed" himself.
My father died of natural causes in his home and we will not disclose that when we sell it. Natural causes are much different then suicides.
I would bet 25% of the homes older then 20 years old have had someone die a natural death inside the home. This is IMO not a material issue with a home.
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