Most states don't require home sellers to disclose whether someone has died in the house

1 year ago 5

California has the most comprehensive requirements of any of the eight states that mandate death disclosures.

Buying a new home is a daunting task, and there are lots of things to consider and questions you may have for the seller, including the history of the house.

People searching online have wondered how to find out if someone died in a home they are considering purchasing. On social media, posts have said in the U.S., home sellers may be required to tell buyers that information.

THE QUESTION

Do all states require home sellers to disclose if someone died in the house?

THE SOURCES

THE ANSWER

This is false.

Sellers in most states are not required to disclose if someone died in the house. Only eight states have requirements for death disclosures.

WHAT WE FOUND

Each state has different rules when it comes to what a seller has to disclose about the home or property. 

In most states, sellers are required to disclose certain “defects'' on the property, which is a condition that would significantly affect the home’s value, impair safety, or shorten the normal life of the property, according to the International Association of Certified Home Inspectors (NACHI). Some examples of physical defects to the property are known issues like a cracked foundation or a leaking roof.

But only eight states have laws that require home sellers to disclose whether someone died in the home in certain circumstances.

California has the most comprehensive death disclosure requirements of any state. Sellers in California are required to disclose any deaths – even natural causes – that happened at the home in the three years prior to the sale.

In South Dakota, it’s required to disclose if the property has been the site of homicide or suicide. In Alaska, the seller is only required to disclose if a murder or suicide happened in the home within the year prior to the sale. 

Sellers in Delaware, Georgia, Kentucky,  New Hampshire, and New Jersey are only required to disclose a death on the property if someone asks and they have prior knowledge of it. 

No other states have requirements to disclose deaths in a home. Washington D.C. also doesn't have requirements.

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