This pertains to Oklahoma real estate Law, and if they are not suppose to disclose this, and they do, are there any consequences?
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#1 by Janet P on October 14th, 2009
They always CAN, the law dictates when they have to. They always have to if directly asked and they know.
#2 by glenn on October 14th, 2009
An owner has to disclose a death in the home if the death was caused by the condition of the house. They also should disclose the death if it was strange or violent- especially if it was in the news or if the neighbors would be sure to talk a lot about it.
A Realtor has much less chance of being knowledgeable of the event than the owner but the Realtor has a responsibility to disclose these things as well.
Also the Realtor can get into trouble for saying something like :the last guy died of Aids (or whatever). You probably are not privy to the death certificate and don’t know any more than what some neighbor is spreading around, and there are privacy laws.
#3 by quickmls on October 14th, 2009
In most states, deaths in a home are not considered a “material fact”. Therefore, they do not have to be disclosed. If you do decide to disclose, you must make sure that the Seller has allowed it. Sometimes it is best to do so if you believe that it will be discovered anyway (e.g. it’s in the news; the neighbors are talking about it; the house is well known for it; etc.) Although perhaps not legally required to, for the sake of a smooth sale, it makes sense to do so.
#4 by Bubbles on October 14th, 2009
I don’t think there is… it’s really just the opposite if they are suppose to and they don’t- you can get into trouble. Why someone would disclose it if they didn’t have to god only knows……
Also you just have to write someone died in the house- not how or why….. we bought a house a man killed himself in but it only said died in the house. We found out through the neighbors about the rest but we didn’t really care.
#5 by Stacy's Mom on October 14th, 2009
Generally not because it’s not something that has any impact on a potential buyer. I’m not saying you might not care, just that it’s not something like basement flooding that you actually need to know about if you’re buying a house.
Besides, how could that info always be known? My house is around 50 years old and I’m the 4th owner. I wouldn’t have a clue if there was a death with any of the last three so I wouldn’t have that knowledge to share with my agent.
#6 by Mother May Eye on October 14th, 2009
No, there has been so many deaths in so many houses that the real estate agent would be killing a sale (no pun intended) if he/she had to tell about the deaths in all the houses they had to sell.