Do you have to tell the buyer?
Death is a topic that most people don’t want to talk about in general and in real estate, it’s no different. We’ve been asked a few times for details about disclosing death in the state of Texas (more specifically, in San Antonio) when buying and selling a home. Questions such as; “This home seems cheap for this neighborhood, did someone die here?,” “It says ‘estate sale’, does that mean that grandma died in the house?,” or “Do you know how they died?” are common, especially if there’s some indication of death, such as an estate sale. Additionally, we see this question asked on Facebook, in forums, and various places on the internet. A lot of people are looking for the answers and wondering when and why they have to disclose death in regards to real estate in Texas.
Disclosing Death – Texas Property Code
The Texas Property Code covers this in Chapter 5.008(c):
Chapter 5.008(c) A seller or seller’s agent shall have no duty to make a disclosure or release information related to whether a death by natural causes, suicide, or accident unrelated to the condition of the property occurred on the property or whether a previous occupant had, may have had, has, or may have AIDS, HIV related illnesses, or HIV infection.
When a seller (or someone else) dies on or in a property, there is no requirement to disclose – as long as the death is related to natural causes, suicide, or unrelated to the property’s condition (if it is related to the condition of the property, you should be disclosing the defect, regardless of the death). However, the Texas Property Code does not mention homicide (murder), and this becomes a gray area that is often discussed in real estate law circles.
Disclose, disclose, disclose.
It is our opinion that disclosure is the best course of action when it comes to death. We are not attorneys and therefore can only tell sellers and buyers in San Antonio what the Texas Property Code states (and refer them to a real estate attorney who specializes in these issues), but when in doubt – disclose. Disclosure is always best when in doubt, as you’re more likely to land in hot water if you neglect to disclose something than you are if you do.
It’s often the case that you’re better off disclosing death now, before your neighbors do. Neighbors like to talk and tell potential buyers info they know about a home. No one wants to be surprised by the news of a death on the property, so if you disclose it up front, you eliminate that potentially awkward situation when the buyer comes back to you and says “I hear someone died on the property.”
If you’ve experienced a death in your home or on your property and you wish to not disclose the fact to your agent or any potential buyers, I suggest you speak with a qualified real estate attorney beforehand to be sure you don’t run afoul of any laws.
Although, we believe in full disclosure, when it comes to death, the Texas Property Code does not always require it. You should make your own judgments based on legal fact and personal and moral ethics.
photo courtesy of David Paul Ohmer
Thanks for the tips when dealing with a death in the family. Is it common that you deal with a home that wasn’t inherited by a member of the family? I would imagine that the family might have a lot to say when selling the property.
I definitely always let the client know. Everyone has different beliefs and ways of dealing with death so I definitely think it’s important to put it out there. This was a really unique read, thoroughly enjoyed it. Thanks.
I purchased a home in Texas on December 1, 2016. After purchase, I was told by my neighbor’s that the the sellers husband committed suicide by firearm on the property. My family and I are Christian’s (Southern Baptist). The Bible views suicide as equal to a murder, which is what it is-self murder. GOD is the only one who is to decide when and how a person is to die. GOD is the power of life. He gives and the takes away. Suicide, the taking of ones own life, is ungodly, because it rejects GODS gift of life. No man or women should take GODS authority upon themselves to end his or her own life. So according to the Bible, suicide is a sin. So the Texas Real estate Commission, Texas Realtor’s, seller and the Texas State Legislator are stating that my religious belief,s, the Bible and my religious convictions are irrelevant . My religious liberty has been harmed by a government action. If my family had known of the suicide before the purchase of the home, we would have never bought the house. We were never given that opportunity.
We can see your issue with it, but it’s not about making the judgement about the type of death (eg. suicide vs. homicide), but rather about what caused it – the property didn’t cause the death, so there is no legal requirement to disclose it. From the post: “However, the Texas Property Code does not mention homicide (murder), and this becomes a gray area that is often discussed in real estate law circles.” We’d suggest calling your local state representative to discuss potential changes to the Texas Property Code and it’s lack of definition in there.
So you will not be in any area that has had sin committed in it? That seems unrealistic. There has been sin committed in your church and im sure sin will be committed in your home. EVERYONE is a sinner. I would think you are now turning your religion into something other than what it is meant for as you shouldn’t judge this person