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Asked by Scott, San Francisco, CA Fri Aug 15, 2008

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Answers

17
CJ Brasiel, Agent, San Jose, CA
Fri Aug 15, 2008
Just for clarification -
(From CAR legal)

Q 4. What does California Civil Code Section 1710.2 provide?

A This statute provides in pertinent part that "[N]o cause of action arises against an owner of real property or his or her agent, or any agent of a transferee of real property, for the failure to disclose to the transferee the occurrence of an occupant's death upon the real property or the manner of death where the death has occurred more than three years prior to the date the transferee offers to purchase, lease, or rent the real property, or that an occupant of that property was afflicted with or died from,. . . [AIDS]."
1 vote
Jed Lane, Agent, Petaluma, CA
Fri Aug 15, 2008
Scott,
Both agents have duty to be honest with all parties in a transaction. If any fact is known that affects the desirability or value of the property it is to be disclosed. The listing agent doesn't have to disclose a death over 3 years or if the person died of AIDS within the three year period. But if asked and they have the knowledge they can't lie with incurring liability. If the question is important to you then it adffects the value of the property and is material to you.
1 vote
Vicki Lloyd, , Lake Forest, CA
Fri Aug 15, 2008
In California, it is required that a seller disclose the death of an occupant if it was within the last 3 years, unless it was due to AIDS.
1 vote
CJ Brasiel, Agent, San Jose, CA
Fri Aug 15, 2008
Scott,

The seller (and if the agent knows) should disclose a death on the property if it happened in the last three years. The transfer disclosure statement has a question about it, the sellers questionnaire has a questions about it and the supplemental statutory disclosure asks the question.

You state you are " going into contract" which I take to mean you have written an offer and believe it will, or has been accepted. If so, they have X number of days to disclose material facts about the property. Unless you asked the question specifically, they would have no cause to offer up that information until disclosures were issued.

When an agent is holding an open house, it is not something they would greet the potential buyer with at the door. (Like any other issue with the home; termites, foundation issues, etc.) If the potential buyer asked, and the agent knew, then they are obligated to tell you.

CJ
Web Reference:  http://www.TalkToCJ.com
1 vote
Niceguy7, Home Buyer, 94583
Tue Nov 15, 2011
I found out the owner at 510 Cartagena Lane in San Ramon, CA 94583 died in her home in late 2010 the house was placed for sale immediately after her death-red flag! I was bothered that when I originally asked if there was a death in the home my questione was ignored until I did further research. It is the Law in California that a real estate agent must tell you if they were asked. It is what made the decision not to further look into purchasing. Check the recorders office for the death information, I did. Check the recorders office in that county and YES they have to tell you in California.
0 votes
Nancy Young, Renter, Sunrise Manor, Las Vegas, NV
Thu Mar 17, 2011
Does the rental agent of a condo have to disclose with their was a death in their apt? this is in Las Vegas, Nv. Other agent have disclosed with their has been death onthe property.
0 votes
Michael Young, Agent, San Francisco, CA
Tue Nov 17, 2009
My blog addresses this question, plus addresses a concern with those of us in San Francisco. See my web reference.
0 votes
Jed Lane, Agent, Petaluma, CA
Fri Aug 15, 2008
Ladies and Gentelmen from outside California,

Scott is in California. Do not advise based on your states law. We have to disclose, See CJ pull from our state law.
0 votes
Laverne Bart…, , Smyrna, TN
Fri Aug 15, 2008
By law owners and Realtors are not required to disclose that type of information. However, as a Realtor who doesn't think it is a good idea for people to be surprised, I ask the owners for permission to disclose that type of information to anyone that I show the property to because prospective purchasers feel that if we are being honest with them about issues that the law doesn't require us to disclose that we are more trustworthy.
0 votes
Bill Schmiett, Agent, Mountain Ranch, CA
Fri Aug 15, 2008
Any death on the property within the past three years must be disclosed unless the death was due to AIDS. My wife works as a nurse for Hospice and their goal is to have people be comfortable throughout the end of life experience. Many of her patients choose to be at home for this moment.

I believe that landlords must also disclose this information to renters.
0 votes
Edina Pepper, Agent, St Petersburg, FL
Fri Aug 15, 2008
As far as I know, this does not have to be disclosed, unless the Buyers ask.
0 votes
Scott, Home Buyer, San Francisco, CA
Fri Aug 15, 2008
I am more trying to determine the honesty of the seller's and my agent.
0 votes
Rita Moriarty, , Ladera Ranch, CA
Fri Aug 15, 2008
Scott,

I am assuming you have a contingency for discovery and inspection. If you are uncomfortable with the death, then you should be able to get out of your contract based on your findings (discovery). Do not lift the inspection and discovery contingency if you are unsure of your purchase. It is there to provide you with a way out if you find an issue with the property you are uncomfortable with or do not want to repair.

Rita Moriarty
Broker Associate/Realtor
949 291-1708
0 votes
Scott, Home Buyer, San Francisco, CA
Fri Aug 15, 2008
Thanks for your help. So if the death was longer than 3 years ago, they do not need to disclose it, unless specifically asked?

Thanks
Scott
0 votes
Brent Bester, , Columbus, OH
Fri Aug 15, 2008
Even if it's haunted??? wow ...never heard of that. Would you then send in paranomal forencis to figure out if there is ghosts in the house?
0 votes
Luba Muziche…, Agent, San Francisco, CA
Fri Aug 15, 2008
Definitely - as long as the sellers are away of it. However, it only needs to be disclosed if it occured in the last 3 years OR if it was a notable death (like a grizzly murder that was all over the news or something similar.)
Web Reference:  http://www.lubasf.com/blog
0 votes
David, , La Jolla, CA
Fri Aug 15, 2008
Yes, it should be disclosed. If the sellers know about it and dont disclose it can be an issue. However, many REO properties are not legally bound to disclose such info.

Even if they think its haunted, it should be disclosed.
0 votes
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