theft of stager stuff before sale

UPDATED: Oct 1, 2022

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theft of stager stuff before sale

A day before our house went on the market, someone stole the stagers rug and some vases and wineglasses out of the home.
Is this something we need to put in the disclosures?
We live in California.

Asked on February 17, 2019 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, it is not. You only need to affirmatively or actively disclose conditions with the property itself, not things that happened at the property. If the theft resulted in a damaged door or alarm system, if you did not fix them, you'd have to disclose the damage, but you don't need to disclose the theft itself, the same as there is no need to disclose if anyone ever died in a house.
However, while there is no need to volunteer the information, you cannot lie: IF specifically asked by a prospective buyer about crimes or thefts at the house, you'd have to answer truthfully. Failing to truthfully answer about things you are aware of when asked about them would be fraud.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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