Did Someone Die Here? - 4/28/2021
April 28, 2021
Does a seller have to disclose if someone died of COVID-19 in a house that has been listed for sale? In the October 2020 issue of the Texas Real Estate Research Center’s Tierre Grande magazine, attorney Kerri Lewis writes in her Death and Disclosure article that, “Under Texas law, a seller or seller’s agent has no duty to disclose a death from natural causes, suicide, or an accident unrelated to the property’s condition (Texas Property Code 5008 [c]. Death from COVID-19 falls under natural causes and does not have to be disclosed.”
What types of death must be disclosed?
Lewis writes, “A murder that occurred in the home, if known to the seller, must be disclosed. This includes a murder that predates the seller’s possession of the property if the seller is aware of it. Also, a death caused by the property’s condition, even if the death was accidental and even if the condition that caused the death was subsequently remedied.”
What if the seller thinks the house is haunted by a previous resident who committed suicide?
Lewis writes, “Suicide is not required to be disclosed, and paranormal activity is not mentioned in the statute, so the seller is not required to disclose either.”
What if the seller believes a “demon” caused a death on the property?
Does the seller need to disclose this? Lewis writes, “Under the plain reading of the statute, it should be disclosed because the death was not from natural causes, suicide, or accident unrelated to the condition of the property. Before concluding that this is far fetched or the result of the author having watched Poltergeist a few too many times, consider the following statistics from YouGov.com:”
• 45% of Americans believe ghosts and demons exist
• 43% of U.S. adults think ghosts can haunt people or places
• 36% of Americans say they have personally felt the presence of a spirit or ghost
• 13% of Americans say they have communicated directly with a ghost or spirit
Lewis continues, “These statistics suggest that, for about half of the population, the decision to purchase a property could be impacted by perceived paranormal activity on that property. No one wants to stigmatize a property when selling it, but if a death occurred on the property, disclosing the death is the best practice, whether the seller is legally required to do so or not. Neighbors will be more than happy to fill the new owners in on the details after they buy it, so full disclosure up front can prevent future litigation.”
“Courage is the art of being the only one who knows you’re scared to death” -Harold Wilson
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