*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. 

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