Did the Last Occupant Die Here?

By
Real Estate Agent with Samson Properties VA 0225-059831

Did the Last Occupant Die Here?

Copyright (c) 2012, Deanna and Jim's GOLD Team

 

 

If the last occupant of a house had AIDS or HIV there is federal Fair Housing Law that governs.

Otherwise, what the listing agent can and cannot disclose when asked this question varies greatly by jurisdiction.

In Northen Virginia...

Answering this question constitutes disclosing something which is not a material defect.  Many listing agreements pledge the lister not to disclose seller information other than material defects.

Of course, if the owner of record is "Estate of John Smith" certain speculation may arise.

 

Posted by

Deanna & Jim Gilbert, MBA, MSE, MA, CDPE, Associate Broker VA & MD

550+ Sales Since 2001

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Rainmaker
1,054,979
Wallace S. Gibson, CPM
LandlordWhisperer
Gibson Management Group, Ltd.

I agree that someone dying or the prior occupant having HIV is not material to the property AND that those are NOT fair housing issues AT ALL.

Sexual orientation is a state protected class and Virginia does not have that as a protected class.  DC does

August 28, 2012 10:20 AM
Rainmaker
525,454
Cynthia Larsen
Sonoma County Real Estate Broker
Safe Haven Realty

Here in California, we refer to such things as material facts, not material defects. We have a seller property questionnaire where one of the first questions is whether someone has died on the property within the last three years. It lets the buyer decide for themselves whether it is a material fact or not.

August 28, 2012 10:24 AM
Rainer
54,577
Monique Keith
Ahwatukeenulls Favorite Realtor, Buyers Agent with The Mike Mendoza Team
Keller Williams Realty Sonoran Living

In AZ it's call the the Stigmatized Property Act. You can not disclosure anything unless it is a material fact. I encourage my buyers to investigate online, if they have a certain fear. They have a site and record for almost anything you might want to know about the history of your property.

August 28, 2012 10:24 AM
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Jim Gilbert

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Additional Information

Master negotiators: 550+ transactions last 12 years. 150+ bank-owned transactions 2007-13. Short sales listed, under contract, and buyer offers pending. First time buyer & investor specialists. MBA, MSE, MA Psychology.