Concerned for 307 Anita Millbrae, CA

Asked by kaymeikuentong, Millbrae, CA Mon Oct 7, 2013

So my sister was looking at this house and the agent told her that a female died in the house, but not of natural causes. When I asked my agent to look at the disclousres it was not metioned and he told me that the female died 2 years ago in the house while sleeping. So is this sneeky of the selling agent not to disclose the death on the property?

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5
Andrew La Mo…, Agent, San Franciso, CA
Mon Oct 7, 2013
Good job Vicki, Both agents should disclose what they know.
2 votes
Thanks Andrew. :)
Flag Wed Oct 9, 2013
The Medford…, Agent, Fremont, CA
Wed Oct 9, 2013
A trustee for an estate is exempt from providing disclosures when they have not lived in the property in recent history. However, they ARE still responsible to disclose facts they are personally aware of that may influence buyers. Death on the property is a perfect example of this. If the trustees are aware of a death in the past 3 years, it needs to be disclosed. The same applies to any agents for the buyers or sellers - if they are aware of a death, they are responsible to disclose it.
1 vote
Vicki Moore, Agent, San Carlos, CA
Mon Oct 7, 2013
Hi Kay - I haven't seen the disclosures myself, I don't know if all the required documents are completed and available. There are a lot of them so one could easily be missing.

Taking a really quick look at the comments in the "agent only" section, the property is being sold as a trustee sale. Under those conditions, the seller is limited in what they're required to disclose. So I'd say they're not being sneaky. The seller is only disclosing what's required under the law. Because the agent is aware of the situation, she may be required to disclose the information in the documentation every agent is required to complete.

I hope that helps.

Vicki
1 vote
Steven Ornel…, Agent, Fremont, CA
Mon Oct 7, 2013
Hi kaymeikuentong,

According to CAR and/or CA Civil Code:

"The transferor/agent has no liability for not disclosing the fact of any death which occurred more than 3 years prior to the date the transferee offers to buy, lease, or rent the property. Any death which has occurred within a 3-year period should be disclosed if deemed to be "material."

Affliction with AIDS or death from AIDS, no matter when it occurred, need not be voluntarily disclosed. However, neither a seller nor seller's agent may make an intentional misrepresentation in response to a direct question concerning AIDS/death from AIDS on the property. An agent may simply respond that discussing such information is an invasion of privacy."

This topic is covered Cal. Civil Code §1710.2 http://law.onecle.com/california/civil/1710.2.html

-Steve
1 vote
Elena Talis, Broker, Palo Alto, CA
Mon Oct 7, 2013
All deaths within 3 years from sale should be disclosed - see Seller's Property Questionnaire or Supplemental Seller's Checklist. In terms of the cause of death - it is up to the seller to decide the level of details they disclose to the buyers. If you suspect foul play check with the local police.
Web Reference:  http://talisrealestate.com
1 vote
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