Q: what is the "duty of care law" in disclosing a murder in my home of a very young child by a management co.
after about almost 2 years i found out a 5 yr old was murdered in my house and buried in my closet. This has had a very upsetting feel to me of this house. its like i would have like to have known and made an informed choice. isn't there a law reguarding 'stigma' .the house was vacant for a year before i moved in.
A:
Did the death occur more than 3 years before you offered to rent? If not, then, yes they should have disclosed it, and you can sue. See Civil Code section 1710.2, which includes the following:
(a) (1) Subject to subdivision (d), an owner of real property or his or her agent, or any agent of a transferee of real property, is not required to disclose either of the following to the transferee, as these are not material facts that require disclosure:
(A) The occurrence of an occupant’s death upon the real property or the manner of death where the death has occurred more than three years prior to the date the transferee offers to purchase, lease, or rent the real property.
A: Under California Civil Code Section 1710.2, if someone dies on the property, it's a material defect – but only if the death occurred within three years of the date you make an offer to purchase or rent the home. Technically, if the property was the location of a mass murder in 1975, the seller, lessor, agent or broker does not legally have to volunteer the information.
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