According to the Texas Property Code, sellers aren’t required to disclose deaths on the property that resulted from natural causes, suicide, or an accident unrelated to the property’s condition.
However, murder does not fall into these categories. The Deceptive Trade Practices Act may require the disclosure of murders unrelated to a condition of the property as material facts a buyer would want to know before entering into a transaction.
TAR’s Seller’s Disclosure Notice includes a question about deaths other than those caused by natural causes, suicide, or an accident unrelated to the property’s condition.
This appears to be an “accident unrelated to the property’s condition”.
Murder is not an “accident”.
I’ve pondered that same question for a long time!
It should say murder and accidental deaths related to structural integrity of the property.
… but it does beg to question, why must murders be reported but not suicide???
If someone is murdered then it is a potentially dangerous area to live in.
No necessarily. I’ve heard on the news of some murders in affluent neighborhoods. It does awaken one’s awareness though.
That is so biased “discriminating”. So what if it the neighborhood is “affluent” White collar crimes, include murders as well, and what about Domestic Violence. You seem ignorant.
In the event the homeowner was murdered, it is most likely being sold as an estate. What then?
If the agent is aware of the murder, then the agent has a duty to disclose.
Only If asked.
The Executor of the estate better disclose or there could be a huge lawsuit. Typically the executor of the estate is a family member or an attorney of the owner. DISCLOSE!
Suicide…aka self-inflicted murder…?…wha’ with AIDS,too?
Prior to becoming association staff, I had a Buddhist client. ANY death on the property was a major issue for them, due to their religious beliefs. I have come to believe that any death on the property should be disclosed, as the buyer will find out about the death eventually, and it is best not to run afoul of personal or religious beliefs.
I had a murder/suicide in a rental property I manage. It was on the news. Do I need to disclose? If so would I put on the MLS under confidential remarks?
At closing I found out accidental death due to overdose. Have not completed closing but it is in my mind. I did ask if someone died and got a no before contract.
I think if I was purchasing a property for my home . I would like to know if there was a murder or suicide ?? Ghosts ???
If a client is selling a home where a homicide occurred but it happened before these clients lived there, do the next buyers need to disclose this when they well the home?
Yes, it is a condition tied to the property. If you are aware, you must disclose. It would be similar to termites for example. Even if it’s been 50 years since there were any termites discovered and the house changed hands 3 times, if you are aware, you’re legally obligated to disclose (each state has slightly varying pieces of information that must be disclosed. You are only, however, required to disclose to the best of your knowledge. If you’d only heard rumors about a death occurring there, but had never verified, it would probably be a grey area. On the… Read more »
There use to be a question asking about this. Is it in the contract anymore?
So if you know there is some paranormal activity due to a death, not murder, on the property do you have to disclose that?
ARE THESE ISSUES MATERIAL FACTS…SEX OFFENDER IN THE NEIGHBORHOOD/TENANT WITH HIV LIVING IN THE APARTMENT?
What if it happened on the public sidewalk in front of the home due to domestic violence
I bought an investment property and did some remodeling to get it ready to rent. The neighbor later informed me that a previous owner was murdered in the house. It was not a home invasion or a random murder. The seller did not disclose this information. Do I have to inform potential tenants of the murder?
Selling to we buy houses companies really helps especially to people who want to sell their house fast and they don’t need to repair their house so it is easier for them. Great blog by the way and thanks for sharing this useful information.
Must a seller disclose a murder at the property?
What about a murder in a rental property? What responsibility does an owner have when renting again?
I’d like to know the answer to this as well. It hasn’t been answered yet. If a murder or quadruple murder took place in a home does the owner have to disclose to tenants?
I just found out there was a murder/suicide at our apartment before we moved in. It was fishy because before we moved in the rental agent called to tell us the floors needed to be replaced from our stains concrete to faux wood. Can they lie to us like this? Are there any legal ramifications we can take up?
Rental property do not have to tell if a murder happened
This may seem crazy but the house that I’m leasing seems like there is a spirit or ghost or something like there may have been an incident that happened in this house that no one has told us about. there are things happening here and we’re trying to find out how and why there are stains on the carpets that we can’t get out and we’re wondering if it could be blood trying to find out how we go about determining if and when something happened here before we moved in can anyone help please!!
What if someone was shot and died in the home, but no charges were brought by the county? The case remains open, but all indications were that it was self-defence. It wasn’t an accident, but it wasn’t “murder”, either. Disclose? If yes, How? I am selling the property “as is”.