“A prospective buyer asked if a death had occurred on my seller’s property—must we provide that information?”
February 3, 2025
*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS® Legal Hotline. Our attorneys are unable to respond to questions through our comments section.
Q: I am representing a seller. An agent for a prospective buyer emailed me and asked whether a death had occurred in the home. Am I obligated to disclose that information to the prospective buyer or their agent?
A: There is no affirmative duty imposed on listing agents to disclose to prospective buyers whether a death has occurred in a home. The duty imposed on listing agents is to disclose material adverse facts regarding the physical condition of the property, and a death occurring in the property generally does not affect the property’s physical condition.
However, in this case, the prospective buyer’s agent has directly asked the question, and Articles 1 and 12 of the Code of Ethics impose a duty of honesty on all REALTORS®. So, while there is not an affirmative duty to disclose whether a death occurred in a property, once the agent has asked the question there is a duty to answer honestly.
Have a question about this article? Submit it to the Legal Hotline!
The Legal Hotline is a member benefit that has been supporting members for over 25 years. Our team of lawyers answers your important questions about real estate transactions quickly and accurately (usually within three business hours!).
Here are some tips to help make the Legal Hotline work for you!
You might also like…
“What can I do when a rental applicant’s low credit score is a result of a disability?”
By Jon Haley - January 28, 2025
*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS® Legal Hotline. Our attorneys are unable to respond to questions through our comments section. Q:… Read More
Introducing Our New & Improved Independent Contractor Listing Agreement
By Sean Olk - January 28, 2025
The New Year marks fresh beginnings and changes, and that includes changes to some of Virginia REALTORS® Standard Forms. One form in particular that got an overhaul for… Read More
Answering Your Questions on Price Fixing
By Santiago Montalvo - January 23, 2025
Much has been made of anti-trust lately, so this week, let’s talk about price fixing. According to the Federal Trade Commission (FTC), “Price fixing is an agreement… Read More