Home Selling in 85029>Question Details

Ncp0413, Other/Just Looking in 85029

In AZ, does a home seller have to disclose if someone died in that house?

Asked by Ncp0413, 85029 Tue Jul 13, 2010

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26
No, a home seller in AZ does NOT have to disclose if the property has been the site of a death, homicide, suicide or any other felony.

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PAUL WELDEN PLLC
HomeSmart
Exclusive Buyer's Agent
2 votes Thank Flag Link Tue Jul 13, 2010
Please read the form title Real Estate Agency Disclosure and Election, lines 23-29 or click this link for a copy of it http://www.aaronline.com/documents/READAE_New.pdf .

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PAUL WELDEN PLLC
HomeSmart
Exclusive Buyer's Agent
1 vote Thank Flag Link Wed Aug 11, 2010
If it is REALLY IMPORTANT to the buyer, it's up to him/her and their agent to check all information and docs pertaining to the property in question. It is public knowledge, check the records. When you assume, you might miss out on the best deal in the neighborhood.
1 vote Thank Flag Link Wed Jul 14, 2010
"the seller can say that they legally do not have to answer that question"

The buyer would then naturally assume that someone HAS DIED or the seller would say no deaths occurred.

Taking the fifth in this case shows guilt. It says yes there was and I am hiding a lot of other things also. Find another house.
1 vote Thank Flag Link Wed Jul 14, 2010
No, a seller in Arizona does not have to disclose if someone died in the house. If the seller is asked by the buyer or buyer agent that question, the seller can say that they legally do not have to answer that question or they can volunteer an answer.
1 vote Thank Flag Link Wed Jul 14, 2010
No, the Seller does not have to disclose if someone died in their house.
0 votes Thank Flag Link Fri Aug 22, 2014
No it is not required here to disclose a death in the home
32-2156. Real estate sales and leases; disclosure

A. No criminal, civil or administrative action may be brought against a transferor or lessor of real property or a licensee for failing to disclose that the property being transferred or leased is or has been:

1. The site of a natural death, suicide or homicide or any other crime classified as a felony.

2. Owned or occupied by a person exposed to the human immunodeficiency virus or diagnosed as having the acquired immune deficiency syndrome or any other disease that is not known to be transmitted through common occupancy of real estate.

3. Located in the vicinity of a sex offender.

B. Failing to disclose any fact or suspicion as set forth in subsection A shall not be grounds for termination or rescission of any transaction in which real property has been or will be transferred or leased.
0 votes Thank Flag Link Tue Aug 19, 2014
This has become such a hot-button issue of late. Easy for people to say "no" without really knowing. If it really matters to you, better dig a little deeper...but the question is how??? If it's an old house, how would one ever find out? Not something that has been tracked down through the years....
0 votes Thank Flag Link Mon Aug 11, 2014
Absolutely not, this is not considered information that needs disclosure.
0 votes Thank Flag Link Mon Aug 11, 2014
No disclosure required by you.
0 votes Thank Flag Link Sun Aug 10, 2014
No. We always urge full disclosure, but the demise of a former occupant is, by state law, not required disclosure.
0 votes Thank Flag Link Mon Jul 28, 2014
In AZ, the answer is that legally, a death in the home need not be disclosed. However, if asked, the seller must answer truthfully or refrain from answering at all. The seller must not lie about it.But there is a "catch." Let's say there was a brutal murder in the home and seller does not disclose. Buyer is paranoid about any type of death in a house and would NEVER purchase such a house. The buyer, therefore, considers the death in the home a material defect, The buyer may then choose to sue the agent and seller based on failure to disclose what the seller considers to be a material defect in the home. It will be up to the Court to decide, and the Plaintiff may lose his case, but everyone will be out the legal fees! CONCLUSION: Always act in good faith. Even though you may not have to legally disclose, you may be very sorry if you try to keep this "secret."

Sheila B. Penrod, J. D.
0 votes Thank Flag Link Sun May 18, 2014
No they do not need to answer or disclose that this occured.
Deaths and Felonies on the Properties
An Arizona law states that sellers and real estate licensees
have no liability for failure to disclose to a buyer that the
property was ever the site of a natural death, suicide,
murder or felony, http://www.azleg.state.az.us/
ars/32/02156.htm. This information is often difficult to
uncover; however, the local law enforcement agency may be
able to identify calls made to the property address. For usefull information when buying a home you can always reference the buyer's advisory at http://www.aaronline.com/documents/buy_advis.pdf
0 votes Thank Flag Link Sun Jul 15, 2012
This is not an item the seller of a home is required to disclose.
0 votes Thank Flag Link Sun Jul 15, 2012
No they do not. However, chances are the buyer may learn this information from a neighbor and may change their mind about the property.
0 votes Thank Flag Link Wed Apr 25, 2012
No. In Arizona the seller has three options: not disclose; if buyer asks answer either truthfully or say I do not have to legally answer that question; or disclose if seller thinks important to disc;lose. The paranoic fear about AIDs was the most recent hysteria along with murder...but in Az the seller does not have to disclose but can if wishes to disclose. If this is a buyers concern, it is the responsibility of the buyer and their agent to search for information.
0 votes Thank Flag Link Wed Aug 11, 2010
Dear Ncp013: I can only answer for California, not AZ, and actually was surprized that AZ apparently (from other agent's comments) doesn't demand it. In California the Seller or LANDLORD has to report up to three years if a death occurred in the home. We also have a lot of disclosures for the Seller to fill out in contract form. There are two ways to look at a matter and that is legally and the other ethically. The real estate industry is mostly focused on what is legal and ethics play a part as we are required to pass an ethics exam by the National Association of Realtors, which we all belong. I've lived in a house in AZ in Tucson as a child and grew up in that home, later finding out the owner committed suicide in the back bathroom. I was never aware, and I'm unsure how my parents found out about it, perhaps after the ink dried. I believe disclosure is important, but if it is not a legal requirement in AZ, then you legally don't have to report it.
0 votes Thank Flag Link Wed Aug 11, 2010
As a Buyers Agent I always recommend to my Buyer that it's a good idea to visit som neighbors of the home prior to submitting an offer, it's amazing what you can learn about a home and neighborhood when talking to the neighbors. It also provide the potential new home owner to get an impression of the neighbors.
0 votes Thank Flag Link Wed Jul 14, 2010
No it is not required death aids crime or ethnicity. It is actualy against the law to disclose some things like that. But check with an attorney because I am just an agent
0 votes Thank Flag Link Wed Jul 14, 2010
Good clarification ... they can decline to answer, but they can't answer incorrectly.
0 votes Thank Flag Link Wed Jul 14, 2010
In Arizona you would not be required to disclose a death in the house. Disclosure is an important part of the process for the seller and the buyer.

Would you like to have copies of the Arizona Disclosure document?

Doug McVinua
HomeSmart

602-751-7577

http://www.McVinua.com
Web Reference: http://www.McVinua.com
0 votes Thank Flag Link Wed Jul 14, 2010
In some states yes. Appears from the posts that it is not required in AZ. Your Realtor when engaged will know.
0 votes Thank Flag Link Wed Jul 14, 2010
No, The seller does NOT have to disclosethat someone passed away in the home. As James said the seller does NOT have to answer the question.
0 votes Thank Flag Link Wed Jul 14, 2010
No. It does not need to be disclosed.
Web Reference: http://Mytitleguy.net
0 votes Thank Flag Link Tue Jul 13, 2010
No, they don't have to disclose. But if the seller is asked point blank and they know someone has died in the house, they also aren't permitted to lie and say no.
0 votes Thank Flag Link Tue Jul 13, 2010
They do not!

However if it is important to you may make a request to your agent to provide the necessary resources to research it!
0 votes Thank Flag Link Tue Jul 13, 2010
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