The California Seller Property Questionaire has a flaw in that it asks "if an occupant has died in the property"? This must be disclosed. However, I was in the dubious position where it was suspected that someone had been murdered in the property, but she was not an occupant. Also, we didn't know where the homicide occured. The police had not released that information. However, the next door neighbor did us the honor of going out to meet any agent and their client to inform them that a "horrific" death had occured in the property. It was a nightmare because we actually didn't know if that was true. What would you have done?

Texas Seller Disclosure has a spot for that.  Not suicide (although I would disclose) or death from natural causes, but homicide is a big deal.  Anybody want to buy Andrea Yates old house? 

Tell your clients as soon as they express any interest or sooner. 

Even if you're past the timeframe in which you must disclose, you might consider disclosing anyway.  If your clients buy the property, the first thing the neighbors will do is ask if they heard about the murder.  

Your clients will ask why you didn't tell them and it will reflect poorly on you.  No one wants to hear an agent say they knew something and decided not to say something because they're not required to do so.

In California I beleive it needs to be within the last 3 years.  And you also need to consider that if you disclose and you are not required to you could get in trouble with your client.  I would check with CAR Legal if the issue came up.

In Virginina you do not have to disclose a death or murder in a home

Nope not in the state of Maryland.... Deaths do not have to be disclosed! If it's important to the client, they need to do the research....

As soon as I had knowledge of the crime.

We do not have to disclose in Florida but I will always present a seller disclosure so a potential buyer knows the facts.

I would disclose regardless.  Easier than having a client drop a deal after a couple of weeks work.

Jane,

I like to give the facts from the very beginning, if there is a problem, might as well move on to the next house.  A

Last 3 years.

Absolutely that must be disclosed early on.

In Hawaii this is one item on the Seller's Real Properly Disclosure form and disclosure is required. If I am aware of the fact I would disclose it to my buyer as soon as I know they are interested in that property.

This actually happen and yes I told them right away. 

If I know, then I disclose immediately.  We are required to disclose, but I also put myself in the clients shoes, and I would want to know.

If you are representing the Buyer, tell them when you know they are interested in a home.  It may or may not adversely affect the purchase.  Hopefully you will have the facts on the matter (i.e., home invasion may be of more concern than murder/suicide) and can walk them through it.  We are not obligated to inform them when someone dies in their sleep or found dead in home from natural causes, so hopefully they can get past this.  Good luck!

Play it safe and do it old school.  When in doubt disclose - disclose - disclose - immediately upon you having the information, and how the information came to your knowledge.  When they probe you for more information, be the source of the source, tell them where they can research it further.

Disclose,disclose,disclose what may not be of concern to some maybe to others, some nationalities have a large concern over such incidents.

Wow, it looks like these comments are all over the place. In MD, you don't have to disclose. If I represented a buyer, and I knew of a murder, I would have to tell them. (I think) 

Disclose asap. Let the client decide if it's important or not.

In CA it's 3 years.

If you get a painful feeling in your gut, that's a sign that you better disclose.

If I were to know someone was murdered at my listing 40 years ago before I was born, I'm disclosing it.

Great question, Jane. Here in Florida we do not have to disclose this type of situation.

fact.http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0689/Sections/0689.25.html

As soon as someone shows interest.

We had a truly awful and national-news-making double kidnapping and murder, and the house that was involved came up for sale a couple of years later. Of course, anyone who showed it knew he or she had to disclose, and the house itself was a difficult sell anyway because it was so far out of town. It languished on the market for at least three years and through many price reductions before it finally found a new owner.

Even if it had not been required, I would have disclosed that information. It was so well-known in the area (heck, in the entire state and probably further) any buyer would have found out about it, bnt even so, it would have been just plain wrong to let that sort of information remain untold.

Our California Disclosure laws state for a "death" its 3 years but for an "infamous" death (my quotes!) you need to disclose regardless of years (murder or suicide). With certain clients who have a cultural predujice towards ANY death in a home I disclose regardless of time of death. We had an Asian family purchasing a home where both grandparents and the Father of our client passed in one of the homes on the property. We disclosed this though it had been over 20 years! They backed out of the deal.

I would disclose any death that occurred, however, we're all mortal and will all die someday, so, I don't see why any buyer would make that an issue unless the house was haunted. LOL!

Yes in Australia, murder falls under the category of "Material Fact" along with asbestos and anything that might affect the buyers decision to purchase or not purchase the home, not disclosing will cost you a $220,000 fine.

As an agent we have an obligation of a duty of care to the client and a commitment to act honestly, fairly and professionally; a responsibility to disclose certain matters to prospective buyers and tenants.

I would disclose it as soon as I knew. The last time I had a situation like that (it was a suicide) I told them about it before I even showed them the home. If it's a problem with a client I would prefer to get past it ASAP.

I don't know current Idaho law, but back when I was an agent disclosing or not disclosing was a double-edged sword. You could only disclose a suicide with the seller's permission - and not all sellers are willing to disclose. 

I don't know about murder - we never had one of those. 

In AZ we don't have to disclose. Our agency forms and disclosure docs spell it out very clearly. At the same time, its never wise to lie when asked a direct question and its best to let people know because it certainly may be material to the buyer.

Florida got away from that.  If you are required then do it day 1.

In Arizona we are not obligated to disclose that information.  The buyers are given a Buyer's Advisory that includes websites where they can go to find out anything they want to know.  I do feel the buyers are entitled to know that information.  Most times the sellers will disclose that information on their own. 

In California, the seller has to disclose if there was a death in the home within the last 3 years, and if the buyer asks, even if it is  longer than 3 years, I would think the same would apply, if it were a homicide.

If I know it and the sellers know but won't disclose, I walk. What else are they not disclosing? I also will inform my buyers. Neighbors talk!!

The answer in Texas is "immediately!"

In California, anything that happened in the past three years; deaths, horrific crime etc. I would disclose it anyway if it is past 3 years because the neighbors will tell them later and could be a lawsuit. One exception in our state is if a person died of AIDS as they are a protected group. I have had 3 clients over the years that died in their home of heart attacks and no one seemed to mind. 

Give bad news upfront in the listing's MLS remarks if the seller agrees.   In CA a death within 3 years must be disclosed unless the death was caused by HIV/AIDES.

Im in N.J. and we don't have to disclose this information unless we are specifically asked for it. However, As soon as I found out about the homicide I would let my clients know about it whether they asked for the information or not..

In New Mexico you do not have to disclose. It's really up to the seller. On the other hand the buyer will probably find out anyway (nosy neighbors) so why not disclose. A couple years ago my neighbor committed suicide. His girl friend was handling the estate. I did a CMA for her. She decided to rent the property. If she had decided to list with me, and if she would have decided to not disclose, I would have turned down the listing. She would have had every right to not disclose, but I wouldn't want to have my new neighbor mad at me because they found out about the suicide after closing.

In California, this must be disclosed in the Transfer Disclosure Statement right up front....if death occured within the past 3 years.

We have to disclose any death on a property within the last 3 years, not just homicide.  I always tell the sellers to disclose everything you know about the property.  I believe it saves time right up front.  If someone isn't comfortable seeing, being in or living in a home where someone has died, they just aren't the right buyer.  That said, investors are usually OK with death on property as they will be able to rent the property. 

About a homicide, if the generic term "death on property within the last 3 years" is provided, the buyers often ask more questions; who died, how they died and when they died, why they died and if it's homicide, by whom.  The agent doesn't have to disclose those details, but once the buyers speak to any neighbor it's out there, factual or not.   I guess if I were a buyer of that property, I'd want to know if the perpetrator was ever caught.

However, more and more people are choosing to die at home if they have a terminal illness, so I am preparing more "death on the property" disclosures.  Choosing to complete one's journey at home doesn't necessarily make a home unsaleable.  If you're ever in doubt, disclose!

I do hope your buyers can work through the issue and you can get them their dream home!

Better to know and to disclose up front.  No need to waste anyone's time.  If it's going to be an issue it needs to be addressed.  Homicide would be a big deal I would imagine.  

As your clients' agent, and knowing that information; why would you not divulge the information?  Yes, we are required to inform, but even without that rule, I would anyway.

In Illinois where I do business it does not have to be disclosed and should not be.

When you list.

When it's legally required