ALLEN TURNER (REDZONE ADVISORS)

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Rainmaker
2,886,061
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

My best practice is to disclose what we know ... even if/when we are not required to do so.  The question may be is the murder a material fact impacting the value of the home?  Some might say that it is ... a judge may not. Why roll the dice?  Disclose. Disclose. Disclose.  

In CA we are required to disclose a death in/on the property within the past 3 years.  Death vs. Death by Murder?  I'd be consulting with my attorney if I were considering taking that listing.  

Jan 13, 2017 11:51 AM
Rainmaker
2,557,820
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

if he knows he tells is the safe rule

Jan 13, 2017 12:55 PM
Rainmaker
5,883,760
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

I would count on the advice from Kathleen Daniels

Jan 14, 2017 04:57 AM
Rainmaker
3,494,180
Nina Hollander
Coldwell Banker Realty - Charlotte, NC
Your Charlotte/Ballantyne/Waxhaw/Fort Mill Realtor

I would hope one of our California agents can answer your question. Sounds like a bad luck home to me. But information like this is readily discoverable so I'd probably err on the side of caution and disclose.

Jan 14, 2017 03:58 AM
Rainer
273,909
Curtis Evans
Cabin Realty LLC/ USA, Licensed in Louisiana - Golden Meadow, LA

There are some foreigners who will not live in a house where someone has passed away. They will rescind the sale if they find out after the fact. I would have the seller disclose it up front.

Jan 14, 2017 03:09 AM
Ambassador
4,306,997
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

ALLEN TURNER - if they are going to find out anyways, why not disclose it?

Jan 13, 2017 09:30 PM
Rainmaker
4,921,226
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Allen,

No, but in California we would disclose, there is always someone who will tell them.  A

Jan 13, 2017 08:36 PM
Rainmaker
589,629
Tony Lewis
RE/MAX of Valencia (Hall of Fame) 30 year Valencia Resident - Valencia, CA
Summit Real Estate Santa Clarita & OC Laguna Nigel

I would disclose it due to the recurring nature of this.

Jan 13, 2017 05:06 PM
Ambassador
4,252,332
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Not required in CA but given the scenario I would advise the seller to disclose. You know the neighbors likely know all about it and will delight in telling the stories.

Jan 13, 2017 01:05 PM
Rainmaker
1,592,130
Sandy Padula and Norm Padula, JD, GRI
HomeSmart Realty West & Lend Smart Mortgage, Llc. - Carlsbad, CA
Presence, Persistence & Perseverance

AS you have already received your answer, what city? Lots of great agents here who would love the referral.

Jan 13, 2017 12:44 PM
Rainer
274,437
Caroline Gerardo
Sun West Mortgage Corporation - Newport Beach, CA
C. G. Barbeau the Loan Lady nmls 324982

Three years is California law as to "death" in residence. If asked the Seller must tell the truth. 

What would I advise them? - Double murder in the house  and they burned it down to hide the crime? You can be certain neighbors remember it and it will come out. Ethically I think they disclose it  - the internet probably shows the address and story. As to the fire, insurance company and permits will see it so there we have a couple flags that Buyer could discover information and later claim it causes nightmares or harm to value

Jan 13, 2017 11:57 AM
Ambassador
2,468,722
Fred Griffin Tallahassee Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

In Florida, no to the murder, but yes to the fire and the rebuild.  

Jan 13, 2017 11:43 AM
Rainmaker
3,066,356
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

Kathleen Daniels nailed this one!

Jan 14, 2017 04:10 AM
Ambassador
3,985,307
Debbie Reynolds
Platinum Properties - Clarksville, TN
Your Dedicated Clarksville TN Real Estate Agent

Most states do not require this type of disclosure by the seller or agent but check specifically online about CA rules.

Jan 13, 2017 03:10 PM
Rainmaker
3,481,908
Richard Weeks
Dallas, TX
REALTOR®, Broker

I don't kno CA law; however, one never gets in trouble for over disclosing.

Jan 13, 2017 12:20 PM
Rainmaker
465,654
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

Disclosure laws are unique per each state.  In Oregon, disclosure regarding deaths in a home, including murder, are not required. But California is different. California agents should be able to answer this question.

Jan 13, 2017 11:38 AM
Rainmaker
3,637,425
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Wow, the history of the structire should be disclosed. Not sure about California law and duty to disclose a murder. Careful if you do and the buyer passes and the seller wants to sue!

Jan 14, 2017 07:38 AM
Rainmaker
1,353,480
Anthony Acosta - ALLATLANTACONDOS.COM
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

ALLEN TURNER  you may want to check with your broker to make sure you are disclosing everything that needs to be disclose and avoid future problems.

Jan 14, 2017 06:15 AM
Ambassador
1,615,582
Harry F. D'Elia III
RentVest - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

ask an agent in that state

Jan 14, 2017 04:31 AM
Ambassador
3,302,643
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

That is a regional question and different in each state, I'm sure..

Jan 13, 2017 06:24 PM
Ambassador
3,720,216
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

Sellers don't have to Disclose that here in North or South Carolina.  The fire would be something that I would have them Disclose though.  I'm not in CA so, I can't really recommend what to do in your state!

Jan 13, 2017 05:53 PM
Rainmaker
1,157,329
FN LN
Toronto, ON

I am not familiar with the laws and regulations in California regarding this issue.

Jan 13, 2017 04:22 PM
Rainer
99,935
Michael HassanPour
Beverly Hills-Coldwell Banker Beverly Hills North - Beverly Hills, CA
Esq. Beverly Hills Properties, Brentwood, Bel Air

No. He can if he wishes to.

In California you must report a death in the property within the past three years. Other conditions do apply.

Jan 13, 2017 12:43 PM
Rainer
36,530
Cynthia Biechler
Biechler Grp Real Estate w/HOMESMART Connect - Chicago - Chicago, IL

Each state is different for disclosure.

Jan 16, 2017 11:16 PM
Ambassador
4,756,318
Bob Crane
Woodland Management Service / Woodland Real Estate, Keller Williams Fox Cities - Stevens Point, WI
Forestland Experts! 715-204-9671

If it is in Cal, then it may be wise to disclose

 

Jan 15, 2017 08:32 PM
Rainmaker
1,506,571
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • Green • GRI • HAFA • PSC Calabasas CA

It is 3rd time you ask about it. So, you already got the answer.

You know that as a realtor you can call a legal hot line with any questions. It is free service and helpful and your broker is not around. 

Jan 14, 2017 11:05 PM
Ambassador
2,209,980
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

In Colorado if we know it, we must disclose it. 

Jan 14, 2017 07:46 PM
Rainmaker
4,432,941
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Talk to an attorney.

Jan 14, 2017 06:19 PM
Rainmaker
790,066
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

If it would affect someones decision on whether to buy or not, I would disclose.

Jan 14, 2017 05:23 PM
Rainmaker
1,306,592
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Disclose, disclose, disclose.  When in doubt, contact an attorney or the state association's attorneys (who generally say "Disclose"). 

Jan 14, 2017 05:10 PM
Rainmaker
3,676,349
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

This may fall under the category of a notorious event.  It should be disclosed in my opinion.   

Jan 14, 2017 10:19 AM
Rainmaker
3,476,034
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Discuss this with your broker.

 

Jan 14, 2017 09:32 AM
Rainmaker
4,798,831
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I don't know Calif. laws.

Jan 14, 2017 06:17 AM