Disclosing a Death on the Property: When and Why

Every now and then I get questions I legally am not allowed to answer concerning a home, usually because of Fair Housing Laws. They usually relate to how good the sch...

Disclosing a Death on the Property: When and Why Close
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Disclosing a Death on the Property: When and Why

Posted by Danny Force on Monday, July 3rd, 2017 at 12:18am.

Every now and then I get questions I legally am not allowed to answer concerning a home, usually because of Fair Housing Laws. They usually relate to how good the schools are, whether crime is high in the area, or other things which could land me in a lot of trouble for my opinions. Death is a different story.

Disclosing a death on a property can be tricky. For starters, a seller may not actually know. If a home is a flip, and the flipper bought it at auction or out of foreclosure, there would be no seller disclosure for them to find out if there had been one or not. Secondly, it really depends on how someone dies as to whether or not it had to actually be disclosed. Straight from the Texas Property Code:

Chapter 5.008(c): '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 whether a previous occupant had, may have had, has, or may have AIDS, HIV related illnesses, or HIV infection.'

One might argue this basically just leaves murder as the only disclosed death on the property.

So the next time you find yourself wondering if someone passed away in a home when walking through it, they may have. But if it was due to any of the reasons listed above, you may never know.

So if you're in the market to buy or sell a home, Contact Me Today! I can help you get set up with mortgage and insurance people to make sure you're able to buy a home and have the best coverage.


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Danny Force, Realtor
DFW Legacy Real Estate Group
613 N. Walnut St.
Roanoke, TX 76262
C: 817-903-5442
danny@dannyforce.com

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