If I found out recently that 2 people died in my home just months before I bought itand this was not disclosed to me, what are my rights?

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If I found out recently that 2 people died in my home just months before I bought itand this was not disclosed to me, what are my rights?

I purchased my first home 19 months ago. I understand that according to CA law this should have been disclosed. The seller and my agent worked for the same real estate company and were friendly. I felt uneasy about the purchase to begin with and knowing this information I would never have agreed to purchasing this home. I feel completely deceived because I was told the owners moved because they were elderly. When I began to keep receiving mail addressed to them, I inquired and learned that they were in fact deceased (had both died here in the house) which is why the home was put up for sale by their estate.

Asked on August 7, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In California, the seller is required to disclose to all potential buyers a death on the property that occurred within three (3) years of the listing. This is a statutory disclosure requirement in that many potential buyers might not wish to purchase a home where a person passed away within it.

The seller's failure to disclose the fact that not one (1), but two (2) people passed away in the home is a statutory violation of California law where you might be able to rescind your pruchase of the home (cancel) due to this nondisclosure.

Ordinarily the trustee or executor of an estate does not have to make disclosures within the transfer disclosure statement for a California sale because the trustee or executor most likely never lived in the home and have very limited knowledge of its condition.

Your situation is quite different. The estate's representative most likely had to have known about the deaths in the home you purchased within three (3) years of the listing.

You should consult with an experienced real estate attorney concerning your options.

Good luck.

 

 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In California, the seller is required to disclose to all potential buyers a death on the property that occurred within three (3) years of the listing. This is a statutory disclosure requirement in that many potential buyers might not wish to purchase a home where a person passed away within it.

The seller's failure to disclose the fact that not one (1), but two (2) people passed away in the home is a statutory violation of California law where you might be able to rescind your pruchase of the home (cancel) due to this nondisclosure.

Ordinarily the trustee or executor of an estate does not have to make disclosures within the transfer disclosure statement for a California sale because the trustee or executor most likely never lived in the home and have very limited knowledge of its condition.

Your situation is quite different. The estate's representative most likely had to have known about the deaths in the home you purchased within three (3) years of the listing.

You should consult with an experienced real estate attorney concerning your options.

Good luck.

 

 


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