Q: In California, do I have to disclose a suicide in a house I'm selling after 3 years?
The suicide occurred 6 years ago and my understanding is all deaths within 3 years must be disclosed based on California civil code 1710.2 which states that an agent isn't required to disclose the following to the buyer as "these are not material facts that require disclosure.......a death which has occurred more than three years prior..."
However, the SPQ, Seller Property Questionnaire, has these two questions:
1. material facts or defects affecting the property not otherwise disclosed to the buyer
2. any past or present known material facts or other significant items affecting the value or desirability of the property not otherwise disclosed to the buyer.
Do the SPQ questions supersede the 3 year rule and therefore require me to disclose the suicide (unless asked directly if a death has ever occurred there), or do I follow the letter of the law which says any death is not considered a "material fact" after 3 years?
A:
Section 1710.2 also says: "(b) It is the intent of the Legislature to occupy the field of regulation of disclosure related to either of the following: (1) Deaths occurring upon real property." IMO this means that the SPQ questions do not require disclosure of this death, because it is no longer a "material fact." Per the decision of the legislature. Otherwise, how far back in time do we go?
Justia Disclaimers below, incorporated herein.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
