HELP: Accepted offer and now a post-acceptance death disclosure?

Asked by Dana White, Menlo Park, CA Fri Sep 26, 2008

My wife and I recently went into escrow on a ~$0.9M property in a reputable South Bay neighborhood. Based on all available online disclosures, we carefully proceeded and negotiated to an accepted "as-is" offer $40K lower than list. Today we had the inspections and (GASP) for the 1st time we learned that the owner (male) of the house died of natural causes in the living room over the summer!! The seller's agent did not have his agent disclosures online on the day of our offer, nor did our agent have them at her office during negotiations. My wife and I only got the information after we asked on the day of our inspection. In addition, our independent inspector found two major issues on the home which has been estimated at over $10K, one which should have be CLEARLY evident to the Seller's agent. Now we are confused / concerned and feeling like we're being manipulated. HELP TRULIA TEAM MEMBERS!

Question: What options do we have to

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FSBOsuccess, Home Seller, 28590
Thu Aug 11, 2011
I don't understand what the problem is. Someone dying in a home (thankfully natural causes) happens a lot. Do you think their ghost will be there?
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Mark Payne, , 93434
Thu Aug 11, 2011
I believe this is my parents house, if you give me the street address does it start with 610?
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Nice Guy, , Millbrae, CA
Thu Oct 16, 2008
If the body has been removed why should you guys give a damn if someone died in the house ?
People die all the time ... maybe you should not buy the house because someone had sex in the bedroom
before you guys move in ... what a laugh ...
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Bill Eckler, Agent, Venice, FL
Wed Oct 15, 2008

Good or bad......your contract is a road map that will lead the way for you. Our recommendation is to consult an attorney to get the best insight.

Surprises like this are not good......

Best wishes,
The "Eckler Team"
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Sue Vaterlaus, Agent, Pacifica, CA
Tue Oct 14, 2008
You also have a right to go back to the seller on the items you "discovered" in your inspections. It has long passed the 3 days now but I hope that your agent advised you of this and gave you all of the options.
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Arn Cenedella, Agent, Greenville, SC
Wed Oct 1, 2008
The disclosure of any additional item including death on the property gives the buyer a 3 day right to approve or disapprove of the item disclosured. The seller should amend their disclosure document and then you have 3 days from that point to make a decision to move forward or cancel. In regards to the inspection issues requiring repair, assuming you have an inspection contingency in your contract; you have the right to cancel, approve, or ask the seller to repair or pay you money in lieu of repair. With the as is offer you can not as a matter of law or contract require the seller to make the repair but neither can the seller force you to buy the house. It is simply a matter of negotiation and you are within your rights to walk away if you are not satisfied.
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Glen Mitchell, Agent, Half Moon Bay, CA
Wed Oct 1, 2008
If you have not passed your contingency for inspections you can easily back out. You can also ask for repairs to be made or money credited back to you etc. If the seller says no you can move forward or use the contingency clause. Time is of the essence though so don't wait. As Cindy mentioned below... where is your realtor? Are they able to advise you? Don't count on listing agent they were hired to represent the seller. Glen
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The Hagley G…, Agent, Pleasanton, CA
Fri Sep 26, 2008
Your contract should stipulate how long the seller has to get the disclosures to you. If it within the specified time frame, you are not being manipulated.....your best bet is to rely on you Realtor to guide you. You are being represented by a Realtor, correct?
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