California Real Estate SalespersonPractice of Real Estate and DisclosuresMedium
A seller's agent is aware that an elderly tenant died of natural causes in the home four years before the property is listed for sale. Under California law, the seller and agent's disclosure obligation regarding this death is:
- AThey must disclose only if the death involved a violent crime
- BThey must disclose only if the buyer is purchasing with an FHA loan
- CThey have no obligation to disclose since more than three years have passed
- DThey must disclose the death regardless of when it occurred
Show answer & explanationAnswer & explanation
Correct answer: C. They have no obligation to disclose since more than three years have passed
California Civil Code §1710.2 states that no duty exists to disclose that an occupant died on the property (or the manner of death) if death occurred more than three years before the offer to purchase, except that intentional misrepresentation in response to a direct question is still prohibited.
Why the other options are wrong
- A. The three-year time limit applies regardless of the manner of death, except AIDS-related status which is never required to be disclosed.
- B. Loan type does not affect this state disclosure rule.
- D. The three-year rule limits this general disclosure duty.
Death on Property Disclosure
California law exempts sellers and agents from disclosing a death occurring on the property more than three years before the offer, and never requires disclosure of AIDS-related death.
- Three-year rule under Civil Code §1710.2
- No duty to disclose AIDS-related death, regardless of timing
- Direct lies in response to buyer questions remain unlawful
Memory trick: Three years buries the duty to tell.