“Someone died here…” - Does the seller have to tell you?

When you decide to pack up all your things, leave the four walls that currently surround your everyday life and move to a new home, there is a lot to consider. Sometimes that new home is a true ‘new home’ and it’s all yours, only yours and it’s never been anyone else’s. Most times, that is not the case. Typically, you’re moving into someone else’s old four walls. As a buyer you’re going to consider the standard things like “how much is the house? Is it efficient? How big is the yard” but a question that seems to only come into a buyer’s mind after they have moved in is “What happened here before me?”

Mostly true is the statement, “Will I ever really know?” and in some cases you can, but do you want to?
Think of everything that has happened in your current home. Our homes are where we spend much of our time. We make memories, laugh, cry and play. For many people their kitchens and living rooms have been the stage for the best moments of their lives. They were proposed to, they saw their children take their first steps, they opened that letter that contained life-changing information, it’s where everything that matters happens. Then again, for some, it’s where the worst things in life have happened and it’s why they want to leave.

Naturally, I’m a very positive person. I like to look at the world with a cup-half-full approach, but the reality is that it’s not all good stuff out there and when my job is to walk through complete stranger’s homes, that is very easy to see. During the busy real estate season, I may walk through 30-50 homes in a week, and I don’t always like what I see.

Growing up I always said I could feel the energy in a room. I’m not someone who lives a hippie lifestyle where everything I do comes back to unseeable phenomena but in this one category it does, and when I started in real estate my ability to sense this energy was confirmed. Somehow I can walk into a house or a room and instantly understand its vibe. Over the past few years there have been instances where my entire wellbeing has flipped the second I stepped into a certain space. I entered feeling comfortable and excited at the prospect of finding a great home for my clients before immediately becoming uneasy, anxious, and one time, almost sick to my stomach just from the vibe of room we were standing in. Most times, there was nothing to see or smell to trigger this instant rush of discomfort, the rooms were just empty rooms but there was an unmistakable energy that something bad had happened here. Unfortunately, not everyone has this sort of 6th sense (not that I’m claiming to be 100% accurate or that I am some gifted individual because I’m definitely not). Here we have our topic for this blog: Do sellers have to tell buyers about things that have happened in the house?

Of course, this goes beyond the standard items like has there been water in the basement? or does the house contain aluminum wiring? And extends to things like a death in the home or a large scale domestic or some kind of other event that resulted in the police attending the home and the property becoming stigmatized.

What does it mean for a property to become stigmatized? This is when a property becomes known for something that happened there and can range from simple statements like “that house has an awful foundation, everyone who has ever lived there has issues with water in the basement” to wild made up claims like “everyone knows that house is haunted” right down to what most would be considered the worst “That’s the house where so and so was murdered in the basement”.

The question becomes, if a home is stigmatized, should the seller not have to provide an explanation to a buyer about it? Especially in the worst-case scenario where someone has died in the home, no matter the cause?
Buyers come from everywhere, and while the stories about a particular home may be common knowledge to the neighbors on the street or the locals in the area, the stories may stop there and those looking to relocate from elsewhere in the country or across the city likely have never heard of what everyone else already knows.
Unfortunately, the answer is no. The seller does not have to disclose information on a stigmatized home and no they do not have to disclose if a person died in the home. I think its safe to assume that most people would agree that knowing if someone had died in the home, especially if it was through an act of crime, would say that would be a critical piece of information that may influence if they were to proceed in purchasing the home or not. However, the information that is required to be disclosed only relates to whether the home poses a health or safety risk to the potential new owners. Is the home structurally safe? Does it contain any hazardous materials? The fact that someone was murdered in the basement rec room does not fall into either one of those categories and is not required to be disclosed to buyers.

You may be shocked right now, and rightly so, you may also be wondering “If they don’t have to tell anyone, is there a way for buyers to find out on their own?” and the answer is: Sometimes. Websites like housecreep.com keep records on stigmatized properties and allow users to search an address to see if any records can be found that support the stories being told about it. The website relies on users to submit information so everything read here should be taken with a grain of salt, but in most cases there are credible links to news stories confirming the event. Most of the claims on the website are “home marijuana grow-op” and when it comes to disclosures by the seller, this question is specifically asked on the standard property disclosure statement and if the seller is aware the home was used to grown Marijuana, they must disclose it.

So, what should you do if you walk into a home and get a “bad energy” or discover that something uncomfortable has happened there? It’s totally up to you. I’d suggest you trust your gut and move on to the next one. Remember, you’re the one living there day AND night. Depending on what has happened, perhaps the area outside the four walls has something to do with it? Take your internal feelings and any learnt knowledge into account before rushing to make an offer. The other thing you may want to consider, even if you are okay with the home and what has happened there, other may not be. If you ever need to sell the property in the future and the information you found can still be found it may affect its overall value and salability.

If you’re not careful you may be purchasing a dead investment.