Would you buy/rent a house that had a dead body in it?

[SolaireSolstice]

It can happen even in newer houses. Both my father's parents came to live with my father when they could no longer take care of themselves. Both died in the next couple of years, in his newer home surrounded by those that loved them. And my step-father died in the home he had built with my mother, also surrounded by those that loved him. She sold and moved away because it held too many memories for her. No idea if it was an issue during the sale; it certainly was no secret.

We will all die. May it be in a place that brought us peace and happiness instead of the cold environment of a hospital room.

[prospectheightsresident]

Sure, why not? People die at home all of the time. Note, a murder may make me feel a little uneasy, but probably that even wouldn't make me say "no."

[jw2]

Originally Posted by Suburban_Guy

Just a random thought I had, but would it be a deal breaker for any of you if you found a house you like, ideal location/good price, but there was a death within the house in the past?

Some states don't even require agents/sellers to state this fact at all, while some states like California does require you to mention it (within a 3 year window).

I don't know myself, it's not like I would necessarily ask, but the thought would creep me out, especially depending on the way the person died.

When I was selling my townhouse 20 years ago, one of the buyers actually inquired if someone died in the property.

Did the Seller Die in the House? Home Buying Questions

Just to correct something, California does not require a seller to disclose a death within the last 3 years. It is by practice though.

The statute (1710.2) does not say that a death on a property within three years must be disclosed. It is: you need not disclose a death occurring more than three years ago. That is different than you must disclose a death within the last three years.

There was this case many years ago where a murder occurred 10 years before the sale. When the new owners found out, they sued and it went to the appellate court and they sided with the plaintiff. The feeling was that a known murder should have been disclosed as a material event with no timeline involved.

California then made a law to try to limit how far back one needs to consider deaths in a household and they came up with three years.

So the disclosure law is the same as always, you must disclose material events, such as any heinous crime on the property, but now you don't have to disclose it if it was more than 3 years ago. It also clarified the federal standard on AIDS patient's right to privacy within this statute.

If asked about any material event and you have knowledge, this statute does not protect you even if three years has passed. That is still considered misrepresentation. Basically, you can never lie about knowledge you have. That has not changed.

If someone died of a cause not attributed to the property within the last three years and the buyer doesn't ask about it, you do not have to disclose it.

The California Association of Realtors has adopted a policy of disclosing every death within three years because they do not feel Real Estate Agents/Brokers should be in a position to determine if a particular death is a material event or not. Disclose and let the buyer decide. So every California REALTOR will say it has to be disclosed. This is not by law, this is their policy. Since the seller is ultimately responsible for disclosures, if the seller did not want to disclose it, the seller may not disclose it if he chooses.

[FloridaBeachBum]

'Amityville Horror' House on Market for $850K - ABC News

[Hemlock140]

If the house you are buying is more than a few years old, there is always a good chance that someone died there at some time in the past, and the seller is not likely to know about it. In most large citys a good percentage of the homes are over 100 years old, and along the way someone probably died in it. I did once look at a vacant home where there was a lot of soot on the wall and ceiling above the fireplace, which seemed odd. In the course of buying (our first) I had my friend who was a policeman look up the crime in the area. As it turned out, that neighborhood was generally safe, but he found that in that house, a woman had murdered her husband and tried to burn the evidence. That was a definite "NO".