Death on Property Disclosure
Definition
Death on property disclosure addresses whether sellers must inform buyers about deaths that occurred on the property, including natural deaths, suicides, and murders. Requirements vary significantly by state.
Example
A buyer asks if anyone has died in the home. In California, sellers must disclose deaths that occurred within the past 3 years. The seller knows that a previous owner died of natural causes in the home 2 years ago and must disclose this. In other states, natural deaths may not need to be disclosed.
Exam Tip
This is a state-specific topic—know your state's rules. The exam may test the intersection of death disclosure and fair housing (AIDS-related deaths and protected classes). When in doubt, the safest approach is to check state law. Some states classify death-related stigma as immaterial.
Related Disclosures Terms
Scope of Fair Housing Laws
Fair housing laws apply to a broad range of activities related to housing, including sale, rental, financing, and advertising.
Protected Classes
Protected classes are groups of people who are legally shielded from discrimination based on specific characteristics.
Consequences of Fair Housing Violations
Violating fair housing laws can lead to significant penalties, including fines, civil liability, and professional discipline.
State and Local Fair Housing Laws
Many states and localities have fair housing laws that expand upon the protections offered by the federal Fair Housing Act.
Lead-Based Paint Disclosure
The Lead-Based Paint Disclosure is a federally mandated disclosure required for all residential properties built before 1978. Sellers and landlords must disclose known lead-based paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home."
Property Condition Disclosure
A property condition disclosure is a written statement by the seller detailing the known condition of the property, including defects, repairs, and issues with major systems. Most states require sellers to complete this form.
Frequently Asked Questions
Test Your Disclosures Knowledge
Practice with exam-style questions to make sure you can apply Death on Property Disclosure and other disclosures concepts.