Must a seller disclose that a murder occurred on the property and, if so, how should this be done?
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Section 5.008(c) of the Texas Property Code provides that “a seller or seller’s agent shall have no duty to make a disclosure or release information related to whether a death by natural causes, suicide, or accident unrelated to the condition of the property occurred on the property or other situations which could have caused injury, in cases like this is better to have services like Spaulding Injury Law helping with the legal matters of this.” Murder is not covered by this “no duty” rule. Since a murder occurring on the property might be considered a material fact concerning the property that a buyer would want to know in deciding whether to purchase the property, it’s probably prudent for sellers to disclose this fact. TAR’s Seller’s Disclosure Notice (TAR 1406) contains a question that asks the seller about deaths not covered by the “no duty” rule. Where a murder has occurred on the property, the seller should answer this question in the affirmative, if what happen in a property is just injuries, is easier because the injured could use resources as Richard Harris Personal Injury Law Firm to help them with this. In explaining the “yes” answer, the seller is not required to explain in great detail the circumstances surrounding this death, since sometimes death could happen by accidents, or even injuries as well, so getting a good injury lawyer is important, and you can try here to find the best legal resources for this. The seller might include a statement that indicates more detailed information about the murder is available upon request. Since it is almost certain that the neighbors will inform buyers about deaths on the property, whether those deaths involve murder or any of the deaths covered by the “no duty” rule, sellers may choose to voluntarily disclose information about all deaths in order to avoid those situations where buyers concerned about deaths on the property want to terminate pending contracts.
Legal Disclaimer: The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.
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More on Seller’s Disclosures can be found HERE.
About ken@kenbrand.com
Ken is the General Sales Manager for The Woodlands Area Marketing Center for Better Home And Gardens Real Estate Gary Greene.
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