Disclosure regarding death

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Updated: 4/13/2007 7:49 am
When a person puts a piece of property up for sale, they're obligated to disclose any information that would reasonably effect a buyer's decision about the property. Included in this disclosure process is information regarding deaths on the property. If a death has occurred in the last three years and the circumstances are such that it was gruesome or offensive, the seller is required to disclose that information voluntarily. If such a death has occurred more that three years before the sale, the seller is required to provide that information ONLY if the buyer asks. To avoid the possibility of a lawsuit, some lawyers will encourage sellers to disclose any death that has occurred within three years whether the seller considers it to be of an offensive nature or not. One exception to these laws is the case of an AIDS death. A seller is never responsible for disclosing information regarding a death involving AIDS no matter when it may have occurred. Finally, if events transpire on that property lead to a death off of the property, it should be disclosed as well. For more information about death disclosure requirements, contact a real estate lawyer in your area.
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