Has Anyone Ever Died Here?
Welcome to Real Creepy Estate, where we delve into the unexplained, the mysterious, and the downright eerie. I'm your host, Jarrett Lease, a real estate agent who's been inside thousands of houses over the years. In my time on the job, I've encountered more than just impressive layouts and stylish decor. I've had my fair share of strange experiences and have listened to countless stories from homeowners about their own. I was once a bit skeptical myself, but after hearing so many accounts from the most unsuspecting sources, I couldn't deny it any longer.
Jarrett:There's something more to this world than meets the eye. Join me as we explore the paranormal one house at a time. Hey, everyone. Welcome. This episode of Real Creepy Estate is going to be a little different than my normal episodes.
Jarrett:It's not going to be about a haunting. Instead, it's going to be about a topic that potentially causes Holmes to be haunted, which is death in homes. And for that reason, I do want to give a little content warning that there is going to be discussion of murder and suicide in this episode. So if you're uncomfortable with those topics, please do not listen any further because those things are going to be discussed in today's episode. Okay.
Jarrett:So today, we're going to talk about disclosure laws when it comes to selling real estate, specifically whether I, as a real estate agent, have to tell you if someone has died in a house. I sell a lot of older homes, and people always ask me the question, has anyone ever died here? And, honestly, I always think if a house is a 100 years old, yes, probably someone's died in there, at least at some point in its history. Now do I personally know about every death that's ever happened in a home? No.
Jarrett:Absolutely not. Unless you're going to do a deep dive through public records, archives, genealogy sites, all those sorts of things, there's really not a way to know the entire history of who's lived in a house and who's passed away there. That being said, if I do know someone has died in a house, for example, if the house is for sale because the person who lived there passed away and I know that they passed away in the house, I'm going to tell my buyer a 100% because I don't ever want anyone buying a house without being fully informed about something like that, especially because to some degree, it can stigmatize a property. But let me say this. I don't personally believe that someone passing away in a home automatically stigmatizes a property because some people, they truly don't care.
Jarrett:And I mean, I'm one of those people. I don't care if someone has passed away in a house, but it does depend on the circumstances. Right? Because if it's a natural cause death that someone passed away from as opposed to like a murder or a suicide, there's a big difference in that. But for some buyers, just any passing in a house is a deal breaker, and they deserve to know upfront so that they can decide for themselves.
Jarrett:But if we're talking about an older house, it's almost always impossible to know the full history unless you do a serious investigation into the house. And even if it's in recent years that something happened there, I don't always know. Real estate agents don't always know. People don't always know. It's really impossible to have all the facts for every single house.
Jarrett:I really wish that wasn't the case, but it's just how it is. And if you're worried about a house being haunted just because someone died in there, I've said this before, I hate to break it to you, but I actually don't think that a death has to occur in a house for it to be haunted. I believe hauntings have to do more with the land that the house sits on or other unexplained energy. For example, when I was in high school, I used to babysit at a newer house. At the time, it was only several years old.
Jarrett:And let me tell you, that place was haunted. I had some experiences there that got to be so bad that at one point, my dad had to come stay with me until the parents got home. I'll probably share those stories on an upcoming episode, but my point is that the house did not have to be old or have a tragic history for it to feel off because that house was none of those things. And I'm going to do a whole other episode about hauntings. And if I, as a real estate agent, has to tell someone if a house is haunted.
Jarrett:But this episode today is just about people dying in homes. So let's talk about disclosure laws when it comes to death in homes, whether it's natural causes, murders, suicides, all the heavy stuff. I looked into which states actually require sellers or agents to disclose if someone has passed away in a house and which ones don't require you to say anything at all. Quick disclaimer though. I've been licensed in three states, so the rest of this is based on online research from a site called SpauldingDecon.
Jarrett:If I miss something or if I got something wrong, seriously message me because I really want to know. Keep in mind that most states don't have any requirements to disclose deaths in a house, but let's talk about the states that do. Here's the breakdown. Okay. So if you're somebody who really cares about all this stuff and want to avoid any unknowns, any deaths in a house, you might consider moving to California.
Jarrett:California has the strictest disclosure laws in the country by far. Sellers are required to disclose any death that happened in a home within the last three years, whether it's natural cause, so heart attack, old age, etcetera, or a murder or suicide. You name it. If it happened in the last three years, they have to tell you. Next on the list for other strong disclosure laws are Alaska and South Dakota.
Jarrett:In Alaska, listing agents have to disclose murders or suicides that happened in the home within the past year. If the agent genuinely doesn't know though, they are not liable. South Dakota takes it a step further. Agents must disclose homicides, suicides, and felonies that occurred on the property within the last twelve months. So if you're concerned about someone dying in a house, those states might be ones to consider moving to.
Jarrett:A few other interesting states are Georgia and Kentucky, where there's no general requirement to disclose deaths. But if a buyer asks directly, the homeowner has to answer truthfully if they know. Delaware is similar, but the buyer has to make the request in writing, and then the seller and the agent have to respond. New Jersey requires disclosure only if the death was caused by something related to the house itself, like toxic mold or unsafe conditions, which honestly, that should just be common sense. Like, come on.
Jarrett:That just seems like a basic disclosure issue because you do not want anyone else dying in the house from something like that. So that's a very odd law and seems very obvious. And as for Kansas, where I'm personally licensed, there's no legal requirement to disclose deaths, but the Kansas Association of Realtors recommends it. And in my experience, most agents tell buyers anyway because the last thing you want is for your buyers to fall in love with the house, only for the neighbors to walk over, knock on the door and say, Hey, you know someone died in here, right? I always tell my buyers if I know about a recent death, especially if the person passed away in the house, because no one wants surprises like that after they've moved in.
Jarrett:And listen, I've shown properties where tragic things have happened. Known murder suicides, for example. And there was no way in hell that I was not telling people about that because my clients deserve to know. And it's not because I believe that the house is necessarily haunted, but because buying a house like that where a tragic event has occurred can affect the resale value because something like that sticks with the house for long after my buyers are going to live there. And I do want to tell you that I have clients who don't believe in energy.
Jarrett:They don't believe in ghosts. They honestly think I'm crazy. And I'm totally cool with that. Those people, they really don't care about things like these. I've shown houses where tragic things have happened, and buyers do not care at all.
Jarrett:Normally, before I even show a house like that that's highly stigmatized for a tragic event, I tell someone that, hey, this happened here, and it's your decision if you wanna go see it. And oftentimes, they just tell me they're good with it. And if they wanna buy that house, more power to them. They'll probably get a decent deal. And all I care about is that I feel like I have an obligation to tell them because it could affect the resale value down the line and to each their own.
Jarrett:I hope those clients live there and are happy and that they still continue to not believe in ghosts because nothing bad ends up happening in the house. Like, that's what I hope for. Fortunately, now that I'm actually thinking about it, I don't think that my buyers have ever ended up going through with a purchase on a highly stigmatized property. Definitely properties that people have died in. Absolutely.
Jarrett:But not a highly stigmatized. But if that ever does happen, I obviously hope that they can live there with no problems and that it is not haunted. So let's keep talking about disclosure. Embrace yourself for the next part because the rules in some of these states are just wild. In Maine and North Dakota, agents actually need written permission from the seller to disclose deaths.
Jarrett:Meaning, if the seller doesn't wanna talk about it, they don't have to. I am not a fan of that law. But the absolute worst state, in my opinion, is Montana, which is unfortunate because I actually think Montana might be one of the most beautiful states in the country. But no, thank you. I am not buying real estate there after reading about their laws.
Jarrett:Because in Montana, state law prohibits agents from disclosing suicides or felonies that happened in the house. Let me repeat that. Agents are literally not allowed to tell you if a murder or suicide happened on the property. If you're shopping for real estate Montana, you better go knock on some doors and talk to all the neighbors because that's the only way you're going to find out if anything bad happened. This is sad to me because I've thought about moving to Bozeman, Montana probably a 100 times, but there's no way I could work in real estate there because I'd be breaking the laws left and right.
Jarrett:Because I'd be telling my buyers every single thing I know about a property. So, Bozeman, you're off my list of places to move unless I give up real estate as a career and unless I buy a house where I've interviewed every single neighbor in close proximity. Alright. I hope this gives you a better idea of how disclosure laws work when it comes to death in homes and how different they can be depending on where you live. If you've bought a house before, did you want to know if someone had died there or would you rather not know?
Jarrett:And for my fellow agents, do your clients ask you about this too? I'd love to hear your thoughts. And all of this doesn't even get into people asking me if a house is haunted, which happens a lot too. And yes, if you've listened to my very first podcast episode, and the others really too, you know that I believe in ghosts, and that I've even struggled with whether or not to disclose when I know a house is haunted. But that's a whole other episode.
Jarrett:I've got stories for you, situations where I knew a place had a reputation for being haunted, or where I personally felt something was off. And, yes, we will get into that later on this podcast. But for today, that's what I've got for you. Hopefully, it gives you something to think about if you're in the market for a home. Okay.
Jarrett:So before I go today, I want to mention one more thing. This is a brand new podcast. And while I have a slew of my own stories to share, I would love to hear yours. Whether it's bone chilling or just a little bizarre, I want to hear it. As this show grows, I'm open to all different types of stories.
Jarrett:Haunted houses, eerie neighbors, unexplained noises, just anything that made your skin crawl. No matter how scary or not, your story matters, and it might just be perfect for the next episode. Please submit all stories to hello@realcreepyestate.com. I'll talk to you next time. Thanks, everyone.
Jarrett:That concludes this episode of real creepy estate. Thanks for listening. Talk to you next time.
