Do Realtors Have to Disclose Death in a House?

Do You Have to Disclose if Someone Died in a House Canada? Disclosure Obligations Regarding Deceased Individuals on Properties

When buying or selling a home, there are many factors to consider, including the condition of the property, the location, and the price. However, one issue that some buyers may be concerned about is whether or not a death has occurred in the home. In this article, we’ll explore whether or not realtors have to disclose death in a house in Ontario, and what factors can impact this disclosure.

The Short Answer: It Depends

Whether or not a realtor has to disclose a death in a house in Ontario depends on several factors, including the type of death, the seller’s preferences, and the local real estate laws and regulations. In general, deaths that occurred due to natural causes do not have to be disclosed, while deaths that occurred due to violent or criminal activity must be disclosed.

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Natural Deaths

If a death occurred in a home due to natural causes, such as illness or old age, the realtor is not required to disclose this information to potential buyers. In general, deaths due to natural causes are not considered a material fact that would impact the value or desirability of the property and therefore do not have to be disclosed. [ 1 ]

Violent or Criminal Deaths

However, if a death occurred in a home due to violent or criminal activity, the realtor is required to disclose this information to potential buyers. This is because deaths due to violent or criminal activity are considered a material fact that could impact the value or desirability of the property.

According to the Real Estate Council of Ontario (RECO), real estate agents have a duty to disclose any material facts about a property that could affect a buyer’s decision to purchase. This includes deaths that occurred due to violent or criminal activity, such as murder or suicide. Failure to disclose this information could result in legal and ethical consequences for the realtor.

Seller’s Preferences

While realtors may be required to disclose deaths due to violent or criminal activity, the seller may also have preferences regarding the disclosure of natural deaths. In some cases, a seller may be uncomfortable with disclosing the fact that a death occurred in the home, even if it was due to natural causes. In these cases, the seller may request that the realtor not disclose this information to potential buyers.

However, it’s important to note that realtors have a legal and ethical obligation to disclose material facts about a property, even if the seller requests otherwise. If a buyer discovers that a death occurred in the home after the sale is complete, they may be able to take legal action against the realtor and the seller for failing to disclose this information.

Local Real Estate Laws and Regulations

The real estate laws and regulations in your province or territory may also impact whether or not a realtor has to disclose death in a house in Ontario. In general, real estate agents are required to disclose material facts about a property that could affect a buyer’s decision to purchase, but the definition of “material fact” can vary depending on the jurisdiction.

For example, in some provinces, real estate agents are required to disclose any death that occurred in the home within a certain time period, regardless of the cause of death. In others, real estate agents are only required to disclose deaths due to violent or criminal activity.

Whether or not a realtor has to disclose death in a house in Ontario depends on several factors, including the type of death, the seller’s preferences, and the local real estate laws and regulations. In general, deaths due to natural causes do not have to be disclosed, while deaths due to violent or criminal activity must be disclosed.

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While sellers may have preferences regarding the disclosure of deaths in the home, real estate agents have a legal and ethical obligation to disclose material facts about a property, even if the seller requests otherwise. Failure to disclose deaths due to violent or criminal activity could result in legal and ethical consequences for the realtor.

It’s important for buyers and sellers to understand the disclosure requirements surrounding deaths in a home, and to work with a reputable and ethical real estate agent who will prioritize their best interests throughout the transaction.