What do Sellers have to Disclose about Crime or Death ?

This article authored by: Catherine Hallberg

My mother passed away in her home. Do I have to disclose this to potential buyers when I sell her home?

According to the Arizona Stigmatized Property Law, you do not. In fact, neither a Seller, Landlord nor Real Estate Agent is required to disclose that a natural death, homicide or suicide or crime classified as a felony occurred in the home.

In addition, no disclosure is required if the home was owned or occupied by a person exposed to a human immunodeficiency virus or diagnosed as having the acquired immune deficiency syndrome or any other disease that is not known to be transmitted through common occupancy of real estate.

If there is a sex offender residing in the vicinity, you aren’t required to disclose that either.

However, you are required to disclose if the home has been used as a meth lab unless it has been professionally remediated. You may be asked to provide written evidence of this.

So if I’m a buyer, how do I find out about these things? One easy way is to go to the Pima County Sheriff’s Department-  https://www.pimasheriff.org/crime-maps-stats/

This link allows you to plug in the address of the property you’re interested in and see the types of crime in the neighborhood and also the list of sexual offenders nearby. By allowing you to do your own research, you can draw your own conclusions as to whether this is a home you’d be comfortable living in.

One final note for Sellers: if you are moving because of the presence of a sexual offender and a buyer asks you point blank why you are moving; you can’t lie about it.

When asked about crime or death in a home they have listed, Realtors may say that they are not permitted to talk about crime in the area and direct prospective buyers to the above website.

It’s a touchy subject but this great website provides a way for a buyer to get answers .   

Rob and Catherine Hallberg are Associate Brokers with Long Realty, a Berkshire-Hathaway Affiliate and Southern Arizona’s largest Brokerage. Send Rob and Catherine an email  for a fast response to your questions; for an even faster response, Call (520) 407-8667.

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