When you sell your home, your focus is on the property’s potential. But if the property has a colorful past, it can sometimes cast a long shadow.
If you are selling a house known for a certain death or a notorious event, you have a legal obligation to be transparent. Navigating these details requires a careful balance of honesty and privacy.
California’s three-year rule for disclosure
You must disclose if a death occurred in the house within the last three years, since it counts as a material fact. If more than three years have passed since a tragic incident, you do not have to reveal it.
While you are not required to share details about deaths older than three years, you cannot lie to a buyer when they ask you about it. If a crime created a lasting local stigma affecting the listing’s value, disclosure remains the safest path to avoid future claims of fraud.
Privacy and protected exceptions
Under California law, you must not reveal that a prior occupant had or died from illnesses, such as HIV or AIDS. Disclosing this information could be a violation of federal and state fair housing laws, as it targets a protected class.
Seeking advice to avoid future issues
Selling your home can be overwhelming because of the numerous legal and financial hurdles you must overcome. If you are unsure how to disclose sensitive details, seeking legal advice can offer you the peace of mind you need. A real estate attorney can provide insights on what you should and should not say while staying compliant with the law.