Murder Diclosure
Can anyone tell me whether or how or when one has to disclose to a potential buyer that someone was killed in the property you are trying to sell them? Is there a time frame after which you don't have to disclose that any longer?
The situation is this - there is a property that is a rehabber's dream that I am working on securing under contract. Only thing is that someone was killed in there a couple of years ago. I found out by talking to the neighbors. i know that could affect potential sale of the property to an end user. Any ideas?
Most states you are required to disclose horrific acts.... check your state for discloseure details... i would lowball your offer if they are the facts and not rumors.... This will hinder the sale of the property.....
sounds about right - the current seller (who bought after the occurrence) only had it rented for 3 months and has been paying the mortgage for an empty place for the last 14 months.
The guy owes $57k in private money mtgs. FMV =$92K. Fixup needed $15K.
I am thinking of telling him to just quit claim the place (because of all the facts about it) and will take over the mtg. Any further ideas?
If the pay off is 57k thats all I would offer... its most likely the reason he cant sell or get it occupied... if you want to take the risk (possible extended holding time/costs) I would do it.... if you acquire property get all the facts you can on the murder details and disclose to future buyer/tenants... good luck!
In California you must disclose any death on the property in the last - as I recall - 5 years, but if it was due to AIDS you dont need to disclose that.
I'd buy it!..let me know what you're going to do with it pls!
In the state of Florida, you do NOT have to disclose that someone died/killed anything...
MT
[addsig]
You don't have to believe everything any stray neighbor tells you, and you don't have to look anything up. ...except what the rules are in your particular state regarding this situation.
Until you have actual scienter that something did happen there, you probably don't have to disclose anything. And clearly, it would be to your advantage to avoid having scienter. Meaning don't do your research on that particular subject. If the seller doesn't disclose to you, that's your loophole. If he does disclose, that's a good reason not to close.
Thanks a lot for all the handy input. I will let it be known here what it is I end up doing with it. Thanks again
Laws do vary by state. I am located in Illinois, from what I remember, if there was someone that had AID’s living there, then it is against the law to state such. It is also against the law to state if there were any deaths or "horrific acts" anywhere on the property if you are a realtor. The law is somewhat gray on how it is interpreted. It is somewhat different if a realtor tells or doesn't tell a prospective buyer certain information. If you are an “non-realtor” owner, than the law might be interpreted a little differently. I would contact a local real estate attorney to cover your interests. Depending on interpretation you can buy this property for a discounted price and sell it at a higher FMV price so long as you do not state anything about the property. If they do ask then you have to tell them. The tricky part is, if they find out after you sell them the property then, they might have grounds to come back and sue you for a rebate on the sales price. Please proceed with caution, I would hate for this to happen to you. Additionally, if you create a relationship with an attorney now, it will surely help if there are problems later on. You might consider contacting a few funeral homes to ask for attorney references that have dealt with deaths. If they can settle estate, then they might also do real estate work or can refer you to someone that has the knowledge you are looking for.
Just something to thin about…
Respectfully,
Phil ~
Phillip Herrejon
312.375.7132
**Please See My Profile**
I am a Realtor in Texas. Not sure what other state laws are but here, the only death that we have to disclose is if the death was caused by the structure. In other words, if someone was standing on the balcony and the balcony caved in and caused the death.
I mississippi it's called a stigmatized property, it has to be disclosed if known.
Hey,
I wasn't going to mention anything in this thread, but I just can't resist anymore.
Don't you think people are funny?
A house is a collection of bricks, mortar, stone and wood. It sits on a piece of land. What difference does it make to this collective system of inanimate objects if a little old lady died on the property? Or if a depressed person ate a bullet?
The short answer is: None.
Why difference SHOULD it make to the new owner: None.
But it some parts of the country you are required to tell people about a death. Why?
Were the law makers so terrified of "things that go bump in the night", that they past a law????
For me, I could care less if the house was built on top of the burned down ruins of a mental Institution/sacred Indian Burial Ground/site of the Roswell UFO crash. It is just a house.
In CA, I believe you do have to disclose if someone has died of AIDS.
Quote:
On 2003-10-19 16:50, CarolTheGreat wrote:
In California you must disclose any death on the property in the last - as I recall - 5 years, but if it was due to AIDS you dont need to disclose that.
The 2003 Florida Statutes
Title XL
REAL AND PERSONAL PROPERTY Chapter 689
CONVEYANCES OF LAND AND DECLARATIONS OF TRUST View Entire Chapter
689.25 Failure to disclose homicide, suicide, deaths, or diagnosis of HIV or AIDS infection in an occupant of real property.--
(1)(a) The fact that an occupant of real property is infected or has been infected with human immunodeficiency virus or diagnosed with acquired immune deficiency syndrome is not a material fact that must be disclosed in a real estate transaction.
(b) The fact that a property was, or was at any time suspected to have been, the site of a homicide, suicide, or death is not a material fact that must be disclosed in a real estate transaction.
(2) A cause of action shall not arise against an owner of real property, his or her agent, an agent of a transferee of real property, or a person licensed under chapter 475 for the failure to disclose to the transferee that the property was or was suspected to have been the site of a homicide, suicide, or death or that an occupant of that property was infected with human immunodeficiency virus or diagnosed with acquired immune deficiency syndrome.
History.--s. 46, ch. 88-380; s. 51, ch. 2003-164.
Carol the Great is most correct.
In the State of Calif. we must announce the fact. However in Malibu and along the coast line extending South to about Venice, one may announce it with pride. Yes, 0nly in this area of up side down values can it be a plus factor.
Thelma Todd a well know actress shortly after the silent picture era, did die in her house at the Beach under most mysterious circumstances. The Estate Agent, (Real Estate Broker with a tie and jacket) published the event loud and clear. The Looky Loos lined up to enter and it was a prime festive occasion.
The Hacienda Park Apartments on Sunset Blvd. did have a small murder of a then reigning film star and it was with difficulty that they cleaned up the apartment so eager was the new lease holders to occupy.
I owned a rather prime piece of commercial real estate about 13 feet wide but located on Sunset Blvd on the www.Strip.I officed there for about 15 years. The day I bought it the investigation terminated concerning the death of the prior tenant. Something about a dispute about a discounted commission on a rental of a liquor store conveniently located next door. I bought it imediately.
Of course there has been one rather large problem with the property, the deceased real estate sales person seems to materialize everytime there is an escrow closing. He seems to be wandering thru the building with his hand outstreached.
The moral to this tale, judge with care the tastes and desires of the renting buying public for their mores are difficult to descern and impossible to predict.
Estate Agent Lucius