Do You Have to Disclose a Death in a House? Here’s What to Know

Most states require home sellers to reveal major defects about a home to potential buyers, like a leaky roof, broken appliance or cracked foundation. These are considered “material facts” that must be disclosed to a buyer before the deal is closed. And in some states, those real estate disclosure laws go so far as to include a death in your home. While many people wouldn’t be bothered about a death in a home, some buyers consider it a dealbreaker.

In this Redfin article, we’ll tell you when you have to disclose a death in a house and what states it’s required in. So whether you’re selling a home in New Orleans, LA, or planning to buy a house in Boston, MA, here’s what you need to know.

Do you have to disclose a death in a house?

Do you need to disclose a “violent death”?

In the case of violent deaths, such as murders or suicides, sellers in most states are required to disclose this information. Highly publicized deaths may negatively impact the home’s value, so it’s crucial that you tell potential buyers.

If a buyer asks, are you required to tell them?

Yes, if a buyer asks if a death has occurred in the home, you’re required to tell them. The buyer may be able to take legal action if he or she finds out later. As always, the best motto is to do the right thing. If you’re selling a home in which a death has occurred, it’s best to disclose that information upfront. You don’t want to get all the way through the escrow process to find out that the buyer has concerns about it. 

If you’re a buyer and are concerned about a death in a home (or how it may affect the resale value), ask the listing agent to disclose that information. If the listing agent doesn’t know, you can use a service like DiedinHouse.com, which will investigate whether someone has died there.

What states have specific requirements?

There are three states that have specific requirements about disclosing a death in a home – California, Alaska, and South Dakota.

California: Sellers must reveal if a death in the home has occurred anytime in the past three years, including death by natural causes (although certain types of deaths, like those from AIDS, cannot be disclosed). If a buyer asks about a death that occurred at any time, even longer than three years ago, the seller is required to provide a truthful response.

Alaska and South Dakota: Murders or suicides must be disclosed only if they happened within the past year.

In other states, the laws are less black and white – a seller may need to disclose the information only if a buyer asks. To understand the death in home disclosure regulations in your area, you should get in touch with local real estate agent.