We often are asked about what sellers must disclose to buyers. Here is an answer to a recent question that may help you too.

Q: Does a seller have to disclose that the owner passed away in the house? Or do they have to disclose that the owner passed away, even if it was in a hospital? The relatives are selling the property. - R. D.

A: Disclosure requirements vary from state to state. Check with a local Realtor to find out what is required in your area. If someone dies of natural causes on the property, you may be required to disclose that fact. Some people simply can't cope with the idea that someone died in the same room where either they or their children may be sleeping.

In terms of making this disclosure, usually there is a time period attached to this requirement (i.e. did the death take place in the last three years?)

The challenge is where to draw the line about when this disclosure is required. For example, if you own a 150-year-old house, how could you know how many people died at the home? In contrast, if the owner died in the hospital, there is no requirement to disclose that information to prospective buyers. Please verify the disclosure requirements for your location.

If there has been a violent death on the property, you must disclose it. Some states require the disclosure if it occurred within three years. Others may have no requirement. It's better that the buyers find out about the death before they write an offer. That way they can make a realistic decision. Furthermore, it's the best way to avoid a lawsuit for failure to disclose. (You can definitely count on the neighbors to inform the new owners about what transpired.)

Also, there are some fairly stringent requirements around deaths related to AIDS, which fall into a protected class that is governed by fair housing and anti-discrimination laws. Again, check with a competent real estate professional or with a real estate attorney if you have any additional concerns about this issue.

We encourage all your questions and will be happy to answer them. Thank you for this question and we hope the answer helps you with your purchase decision. Contact us at www.minocquamortgage.com or marcia@minocquamortgage.com