Thursday, April 16, 2009

Current NC law does not require disclousure of a stigmatized property where someone died in a house?

It appears that updating of the current residential disclosure law is on the horizon in the General Assembly. Any NC realtors know what changes are proposed?

Right now it's kind of like if no one asks don't tell.

Please submit verifiable web reference.

Thanks.


A person dying in a house is not likely to produce any significant stigma unless there are notorious circumstances surrounding the deceased. A person being murdered, on the other hand, can stigmatize a property.

A murder in a neighborhood where such is not uncommon accompanied by little or no media attention might produce mild stigma of a short-lived nature in the immediate neighborhood. The scale can go up from there depending on the status of the deceased, amount of media coverage, unusual circumstances of the murder, etc. all the way up to national attention and accompanying severe stigma.

In most cases the stigma can be remedied with the simple passage of time, exterior cosmetics, and getting the property back into use, perhaps as a rental at attractive rates.

There is no requirement for disclosure in my state either. Sorry, don't have any particulars on NC.

In Texas, if the death were of a violent nature, or due to condition of the property (rail give way and person falls to death, etc) then it must be disclosed. If the person died of old age, cancer, aids etc, then no disclosure is required.

Note that since most people go home from the hospital to die, if you are set on getting a house where no death has happened you should probably buy a newly built home.

States vary, of course, but since a death in a home does not affect the CONDITION of the property, I don't think there are any states that compel disclosure about deaths, violent, natural, or even by aliens.

In the case of Texas, the only disclosure required is when a death is CAUSED by a condition of the property and whether that conditions has been remedied.

http://www.austinchronicle.com/gyrobase/Issue/column?oid=oid%3A421130

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