Wednesday, March 19, 2014

When Selling a Home Do You Disclose a Death?

Recently a home in my neighborhood burned down. The wife died. It was a very sad story. The husband sold the burned out house and the new owner rebuilt and now has it on the market for sale.

The TAR seller's disclosure notice says: has there been "Any death on the property except those caused by: natural causes, suicide or accidents unrelated to the condition of the property." The "no" box was checked. Do you think the seller knows? All the neighbors do. The fire was caused by a pot left cooking on the stove and a homeowner who fell asleep, not anything related to the condition of the house.

In Texas, The statute does not require a disclosure of a death by natural causes, suicide or an accident unrelated to the condition of the property (like falling from a detached ladder.)
According to a recent article in Texas REALTOR magazine, an accidental death caused by a condition of the property such as a gas leak, unprotected pool or faulty staircase railing should probably be disclosed even if the cause has been remedied.

Also, murder is not exempt and should be disclosed because the murder may be considered a material fact a buyer would want to know.

It's very important to be as honest and thorough as possible when filing out a disclosure.

If you are considering moving to Austin, I can help you with the transition. Call my office to schedule a time to talk - 512-589-7988.

Austin, Texas. Robin Scott, BROKER. Certified Residential Specialist, Accredited Buyer's Representative, Seller's Representative Specialist. 512.589.7988.

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