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In CA, a death in the home within the past 3 years must be disclosed. (unless the person died of AIDS). No disclosure of a death anywhere else needs to (or should be) disclosed.
I think the interpretation of the CA statute is a little off. California has material disclosure laws like any other state. The question is, is a death on the property a material event? Was a gruesome murder committed, etc...
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 occuring more than three years ago.
There was this case 20 or 30 years ago, details escape me, 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 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 then 3 years ago. It also clarified the federal standard on AIDS patient's right to privacy.
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.
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.
In the end, it comes out the same, all deaths on property within three years are generally disclosed. It is not a California law that requires it though
In the end, it comes out the same, all deaths on property within three years are generally disclosed. It is not a California law that requires it though
This is what I thought, but since I'm not in CA, I wasn't going to argue with the CA people.
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
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And we would be fools to not disclose any death that occurred within the past 3 years. The net effect is; Even though the language of the law is as stated, the practice is as I first outlined it.
Who cares whether or not somebody died in a house before they lived there????
OK, I can see if it was a case where Dad murdered his entire family or something--that might creep people out. Otherwise, who cares? What difference does it make?
Who cares whether or not somebody died in a house before they lived there????
OK, I can see if it was a case where Dad murdered his entire family or something--that might creep people out. Otherwise, who cares? What difference does it make?
Yup. The OP was even asking if deaths in the house next door would effect the other houses. I guess if it was a murder and then that house sold for a low amount and was the only recent comp, then maybe there's a chance it could effect the values of the surrounding houses. Not really likely though.
maybe by the time you ever deceide to sell, the house next door will be occupied by a nice family and the deaths will never come up.
it wouldnt bother me at all, death happens.
I don't think a death in the house next door would affect your house whatsoever. Now if it stays vacant and becomes an eyesore..THAT would affect the value of yours. How would the buyers of your house even know about it? You wouldn't have to disclose it. Even if I did know about the house next door..it wouldn't stop me from buying yours.
Update...that's exactly what's happened. The house was for sale, then taken off the market and abandonded. Its now an eyesore....weeds knee-high in the back, fence torn down......the front still looks respectable, because neighbors pitch in and tend it. We go over and spread weed killer to keep weeds from blowing onto our lawn. I just can't believe how they can leave a house to literally rot right in the middle of a nice neighborhood. We really would like to purchase the house we are living in, but not with that eyesore next door. Its not just the sad history of two deaths, but also the totally abandonded property itself being unkept. Its really sad for everyone involved. The owner of our home would love to sell so he can purchase another home. We would love to buy so we stop throwing away money in rent......
Update...that's exactly what's happened. The house was for sale, then taken off the market and abandonded. Its now an eyesore....weeds knee-high in the back, fence torn down......the front still looks respectable, because neighbors pitch in and tend it. We go over and spread weed killer to keep weeds from blowing onto our lawn. I just can't believe how they can leave a house to literally rot right in the middle of a nice neighborhood. We really would like to purchase the house we are living in, but not with that eyesore next door. Its not just the sad history of two deaths, but also the totally abandonded property itself being unkept. Its really sad for everyone involved. The owner of our home would love to sell so he can purchase another home. We would love to buy so we stop throwing away money in rent......
I lived next door to one of those places for a year. It eventually sold for about $340k and needed a ton of work. I have no idea why the HOA let it get to that point. Then again, this place wasn't in a particularly nice neighborhood.
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