Would you buy a home where a death occurred? What about if it were a suicide or a violent homicide? Would those factors deter you as they would some buyers?
The question is relevant, as the states have different death disclosure laws when real estate is sold and purchased. So, what do Delaware’s death disclosure laws mandate?
No psychological impact
According to Delaware law, any psychological impacts arising from purchasing the property are not material facts requiring disclosure. Thus, the only way sellers or their real estate agents must disclose deaths of any kind on or in the property is if a prospective buyer asks, in writing, for all known deaths to be disclosed.
If it reaches this point, in order to avoid potential problems or even recission of the sale, buyers and agents must truthfully disclose what they know.
Why this could matter
As our nation’s first state, Delaware is home to many centuries-old properties wherein people most certainly died. It’s possible, even likely, that present-day owners of very old properties have no knowledge about the circumstances of any former owners’ deaths.
But even when they may, certain manners of death — homicides and suicides — can be off-putting to potential buyers. While they might not believe in literal ghosts, some may simply prefer an atmosphere free of the negative vibes lingering from the former owner’s demise.
Proper guidance allows for smoother sales
When buying or selling property here in Delaware, it is always mindful to seek guidance so that you avoid any legal pitfalls associated with the sale or purchase of a property. Spending a nominal sum now to ensure the sale is protected can save much in legal costs and fees down the line should a problem arise.
