Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
There is no law against full disclosure. A seller can disclose whatever he /she feels is relevant. Obviously the seller wants to stay above board and not have any "undisclosed" items which could cause the buyer to cancel escrow and back out. I don't understand why realestate agenst are so afraid of facts. Full dsclosure helps a seller's agent establish a fair price and prevents surprises during the inspections. Homicide, date, police report number. Done. If a buyer wants additional info, they can contact the cops during the inspection period. If the seller needs to come up with wording for the contract and istings, why do do they need an agent?
When a house up and kills someone, I will disclose the houses unusual proclivities without asking seller permission.
When acting in a fiduciary role, and legally bound to follow legal instructions of my client, I will disclose murder as the client tells me to, as long as that disclosure is legal and ethical.
It really isn't all that complex and difficult to understand.
A murder does not reduce the value.
A gratuitous subjective stigma may reduce the appeal to some people and should not be created by an agent with a duty to the owner, unless the owner instructs the agent to publicize.
Since it does not reduce value, murder on the property is not required to be disclosed.
Say WHAT?
I'll not argue whether it needs to be disclosed or how long ago such a violent act occurred -- that's a state and/or local issue. But having a violent crime committed in a property MAY have an impact on value. Never use absolutes in a situation like this -- the murder may, in fact, have an impact one the home's sale price and also it's appraised value as well. Would you pay more or pay less for a home with a recent event like this?
If the murder (or any similar situation) is supposed to be disclosed and is not, be prepared to defend that as mortgage lenders and appraisers need to be aware of it. Mortgage lenders require appraisers to conduct a market analysis and determine if this tragic situation has an impact on marketability and, consequently, the appraised value of this property.
Failure to disclose, if otherwise required by law or policy, could be construed as attempted fraud.
(BTW, lots of good discussion on this and similar points over on the various appraiser forums. These discussion also included disclosure and market impact of nearby registered sex offenders, parolees, gang activity, etc.)
A house around the corner from my house in Connecticut was and still is known as the "murder house" because of a gruesome family homicide that occurred there in the 1980s. 30 years ago, and everyone still calls it the "murder house."
A murder does not reduce the value.
A gratuitous subjective stigma may reduce the appeal to some people and should not be created by an agent with a duty to the owner, unless the owner instructs the agent to publicize.
Since it does not reduce value, murder on the property is not required to be disclosed.
This isn't exactly true. You can be sued for not disclosing murders in quite a few states, and in all states, they can sue under the DTPA claiming you didn't disclose because you knew it would make them less likely to buy it.
Op...put in the mls confife tial remarks "10 yrs,ago there was a death in home as a result of domestic violence. Husband us currently in jail. Home has had owners living there since then." Also put that on sellers disclosure. Most people are ok with a murder if they aren't the first ones living there sfterwards, or if it wasn't random, indicating a bad area..
This isn't exactly true. You can be sued for not disclosing murders in quite a few states, and in all states, they can sue under the DTPA claiming you didn't disclose because you knew it would make them less likely to buy it.
Op...put in the mls confife tial remarks "10 yrs,ago there was a death in home as a result of domestic violence. Husband us currently in jail. Home has had owners living there since then." Also put that on sellers disclosure. Most people are ok with a murder if they aren't the first ones living there sfterwards, or if it wasn't random, indicating a bad area..
Old thread. I suppose the listing has also passed away by now.
The OP is/was in my licensing domain, North Carolina. Re-reading my posts, I have to say, I got it exactly right, right down the line.
Murder in the house in NC is not a material fact requiring disclosure. Not in 2014, nor in 2016.
The owner's request for disclosure was a legal instruction that an agent would be required to follow. In the absence of that instruction, an agent who discloses a non-material issue may be on thin ice in performance of fiduciary responsibilities.
If it has to be disclosed or you feel the need to do so say it was a homicide from a domestic dispute/incident, that way they don't think the neighborhood is dangerous and there are murderers running around.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
