When selling a home, do you have to disclose a suicide attempt or death on the premises?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

When selling a home, do you have to disclose a suicide attempt or death on the premises?

What recourse does one have if the another realtor is divulging this information to the business community when it is not even germaine to the condition or value of the home?

Asked on April 10, 2012 under Real Estate Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Do you have an obligation to disclose a suicide attempt or death. Not generally--unlike structural, electrical, flood, etc. issues of which you are aware, there is no general obligation on a seller to disclose these factors, and no liability for not doing so.

(One exception: if a buyer or potential buyer specifically asks about this, stating it is important to him or her to know, and you, with knowledge of the suicide or death, lie and claim nothing like that happened, that would be fraud--a material  (important--at least  to this buyer) mistatement (or lie) made  knowingly, to induce the buyer to enter into the transaction. In that case, that buyer might later be able to rescind the sale or seek monetary compensation.)

There is no recourse, however, against someone who is disclosing this fact to others, if the fact is true--the law does not entitle you to control what other people say, as a general matter. You'd only be able to take action against the realtor if the information had been obtained confidentially or the realtor was violating some contract/agreement or the terms of his/her representation of you.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption