Disclosing death on a property....

It seems a few times per year, I list property where someone has passed away at the home. Death at a property is one of those things that will not bother some people, and for others it will be a deal breaker when deciding whether to purchase a home. But how should it be disclosed? Where should it be disclosed? And for how long is it relevant to disclose?

In late 2016, legislation passed clarifying disclosure obligations in California for death on a property.

The provisions in AB73 are pretty simple: any death in or on a property MUST be disclosed if it occurred within 3 years from the date of the purchase contract. After 3 years has passed, the death, and the manner in which someone passed away, will no longer legally be considered "material facts" and disclosure is not required. Additionally, this legislation clarifies that no disclosure is required if an occupant who lived at the property had HIV, or died from HIV-related complications.

As I assist sellers to fill out their property disclosures, when we get to this question in the Seller Property Questionnaire, usually the answer is no and the "no" box is checked accordingly. However when the answer is yes, just checking the "yes" box that there has been a death on the property within the last 3 years, is usually not enough. I would recommend noting, if known, the location within the house where the death occurred and circumstances. Something like "Previous occupant passed away by natural causes in the master bedroom" is appropriate. It's also something I put in the agent comments section in MLS, so that it can be known to buyers before they view a property. If buyers have additional questions about the death, I generally suggest they ask in writing so that the seller can respond appropriately.

I also ask my clients to think about other notable deaths that may have occurred at the property. I recently had a seller who buried a 60-pound dog in the backyard, and after some discussion we agreed was a good idea to disclose that burial. What new owner wants to start landscaping and unexpectedly find buried bones in the backyard? Providing appropriate detail may save everyone from surprises later.