Here’s the topic that a sweet friend has been waiting for! As a seller do you have to disclose if someone passed away on the property?

As you can imagine this is a touchy subject, but it is one that is legally addressed in the Texas Property Code.

Let’s say Mr. Smith was able to pass peacefully at his home in his sleep sitting in his recliner after a long happy life. When Mrs. Smith or the Smith’s children decide to sell the house, do they have to disclose that Mr. Smith’s passed on the property?

According to Texas law, a seller or seller’s agent is not required to disclose death from natural causes, suicide, or an accident unrelated to the property's condition. So, what DOES have to be disclosed?

Murder was not mentioned on that list. If the seller knows about a murder on the property, even if it happened before the current seller owned the property, it should be disclosed. It could be considered material information that a buyer would want to know before entering into a transaction.

The other type of death that must be disclosed is a death caused by the property’s condition.  Let’s say that someone fell into a swimming pool and drowned. The pool on the property caused the death. Even if the swimming pool has since been filled in, the death still must be disclosed.

Suppose a seller was not required by law to disclose a death that occurred on the property because it was due to natural causes. If a potential buyer comes into the picture and specifically asked the seller if there have been any deaths on the property, the seller along with the seller’s agent must answer honestly and to the best of their knowledge.

Keep in mind, if you don’t disclose information to a buyer, there’s a good chance a nosey neighbor will be more than happy to. It could cause a buyer to wonder what else the seller is not telling them, back out of a purchase contract or litigation issues later on.

As always, if you’re faced with tough real estate questions, talk to your Realtor and consult a real estate attorney. Nothing in this publication should be construed as legal advice for a particular situation. For specific advice, consult an attorney.