As experienced divorce lawyers at BruegelPC, we often encounter clients curious about real estate disclosures in Texas. One question that frequently comes up is: Do you have to disclose a death in a house here? In this article, we’ll break down the requirements and legal nuances surrounding this topic. By understanding your obligations, you can make informed decisions when buying or selling a property.
On the authority of Texas Property Code, you do not have to disclose a death in a house. The law specifically says you do not need to mention deaths due to natural causes, suicide, or accidents unrelated to the condition of the property. This information is based on the Texas Property Code, Section 5.008.
Do You Have to Disclose a Death in a Texas House?
In Texas, sellers must disclose any deaths on the property if it impact the home’s value or desirability.
Fundamentally, this includes deaths from natural causes, accidents, or crimes. Sellers can share this information in the Seller’s Disclosure Notice, a document that lists any known problems with the property. If a buyer asks about deaths on the property, the seller must tell the truth.
Not disclosing a death on the property can cause legal troubles, like lawsuits from buyers who feel they were not informed. Also, if a death happened on the property within the last three years, the seller must disclose it, even if it doesn’t affect the property value.
In other words, sellers need to be honest about any deaths on the property to avoid future conflicts and keep a good standing in the real estate market.
Buyers should also be careful when buying a home in Texas by asking about any deaths on the property and checking public records for information. While sellers must reveal deaths that might impact the property’s value, buyers should take steps to find out this information to make a well-informed decision.
Texas Real Estate Laws on Death Disclosure
In Texas, sellers must disclose any deaths that occurred on the property within the past three years.
Basically, this includes deaths from natural causes, accidents, or suicides. Sellers must tell buyers about such deaths in writing before they sign a purchase agreement. However, they don’t need to disclose deaths that happened more than three years ago or those related to HIV/AIDS.
Largely, if sellers don’t share this information, they could face legal trouble. Buyers should carefully read all disclosure documents from the seller before completing a real estate deal.
Is Death Disclosure Required When Selling a House in Texas?
Improving our past conclusions, in Texas, sellers must disclose if a death occurred on the property, adding an intriguing layer to real estate transactions.
For the most part, sellers have to tell buyers if someone died on the property in the last three years, whether it was a suicide or a murder, or if the buyer asks about it. They don’t need to mention deaths from natural causes that happened more than three years ago.
Essentially speaking, not sharing this information can cause legal trouble and lawsuits. Sellers should be honest about any deaths to avoid problems and follow Texas laws. Buyers should remember they have the right to ask about this and should review all information the seller gives them during the sale.
Understanding Texas Law: Death in a House
Adding to past comments, in Texas, any death occurring in a house must be promptly reported to law enforcement or a medical examiner.
Largely, when someone dies, an investigation can be done to find out why they died. If there’s a sign of a crime, a criminal investigation might start.
If a person dies without anything suspicious, the body can go to a funeral home for final arrangements. If the death seems natural, sometimes an autopsy might be needed.
If the death was due to suicide or murder, more investigations could happen. Simply put, for murders, the person responsible might face criminal charges and go to court.
It’s important to follow all legal steps when someone dies at home to make sure everything is done properly and to check for any crimes. The family will also need to handle the funeral and other legal matters.
Knowing the rules about deaths at home in Texas helps make sure everything is done correctly and with respect.
What Texans Need to Know About Death Disclosure
From our last chat, texans should be aware that timely death disclosure to authorities and family members is not just a legal obligation but also crucial for honoring the deceased’s final arrangements and ensuring accurate public health records.
In short, when someone passes away, you need to tell the local coroner or medical examiner and also get in touch with a funeral home to plan the funeral. It’s important to let close family members or next of kin know about the death, so they can start grieving and making the necessary arrangements.
Basically, you should also collect any important documents and information about the person, such as their will, insurance policies, and any pre-planned funeral plans. Make sure to share the news of the death with care and respect, as this is a tough and emotional time for everyone involved.
Rounding it Up
Referencing previous discussions in Texas, disclosing a death in a house is not required unless directly asked about it.
What BruegelPC is encouraging you to keep is, while some buyers may have preferences regarding this information, it is, so ending this comes down to individual beliefs and values. It is recommended to consult with a real estate agent or lawyer to work through any potential disclosure issues.
References
Here is the literature that I was using for drafting this article:
- “Do You Have to Disclose a Death in a House in Texas?” by Emily Belcher, Texas Realtors, Emily Belcher
- “Texas Property Code: Chapter 5- Residential Landlord and Tenant” by William W. Fisher, Thomson Reuters, William W. Fisher
- “Real Estate Law & Asset Protection Strategies” by William Bronchick, J.K. Lasser, William Bronchick