I was recently working with clients who were curious about whether or not the seller had passed away while living in the home. Is the seller required to disclose a death in the home? Our conversations prompted me to write a blog on this very subject matter, and the answer to this question may surprise you! Although it is not pleasant to think about death, death is a fact of life and life happens every day. Each state may have different laws and requirements surrounding disclosures, however, the state of Arizona is very clear in regards to this topic. Seller disclosures in Arizona may differ greatly from other states, so if you are buying a home in Arizona, it is important to know what is and is not required.
A common phrase you might hear in the world of real estate is, “When in doubt, disclose, disclose, disclose!” However, in the case of death, disease and crime, the Arizona stigmatized property law protects sellers, landlords and real estate agents from disclosing this type information. Fires, floods, pests, noise, mechanical and structural issues all have a material impact on a property and those items, in addition to others, must be disclosed.
The Arizona stigmatized property law states that sellers, landlords, and real estate agents alike are not required to disclose to potential buyers that a death of any kind occurred in the home. This includes death by natural causes, suicide or homicide. They are also not required to disclose HIV and AIDS, sex offenders who may have occupied the home, or any other crime that happened on the property. Any of these disclosures could potentially stigmatize the home and thus affect the property value and the owners ability to sell. Any and all known material facts about the home, including physical property defects and past insurance claims must be disclosed to potential buyers.
A. No criminal, civil or administrative action may be brought against a transferor or lessor of real property or a licensee for failing to disclose that the property being transferred or leased is or has been:
1. The site of a natural death, suicide or homicide or any other crime classified as a felony.
2. Owned or occupied by a person exposed to the human immunodeficiency virus or diagnosed as having the acquired immune deficiency syndrome or any other disease that is not known to be transmitted through common occupancy of real estate.
3. Located in the vicinity of a sex offender.
B. Failing to disclose any fact or suspicion as set forth in subsection A shall not be grounds for termination or rescission of any transaction in which real property has been or will be transferred or leased.
If you are looking to sell your home in the East Valley, then I would be honored to represent you and guide you through the process from listing to closing! New inventory is down, which means this is the perfect time to put your home on the market.
If you are thinking about buying a home in the East Valley of Phoenix, and you are uncertain about entering the real estate market right now, please don’t hesitate! Interest rates are still at historic lows and it is still a great time to buy a home!
Want to take a peek at homes for sale in Gilbert, Chandler, Mesa, Queen Creek and beyond? Look no further than the FREE home search tool on my website, it is easy to use, and it is reliable and provides real-time data as compared to many of the other home search websites out there like Zillow/Trulia and Realtor.com which are consistently unreliable.
I am an experienced, local Realtor serving the areas of Gilbert, Chandler, Mesa, Queen Creek and the surrounding communities in the East Valley. It would be my honor to assist you on your real estate journey and help you to navigate the process of buying and selling Arizona Real Estate. From start to finish, I will be there to support you, answer your questions and calm your nerves at times too!
Keely Semon, Realtor®
East Valley Real Estate Specialist
United Brokers Group