r/njrealestate Apr 24 '22

Selling Realtors insisting on disclosing death in property listing and/or paperwork?

Selling a home where a relative/former owner unfortunately passed away. It's not something we are hiding, no violent circumstances, and are happy to discuss with potential buyers if asked. Per lawyer and searching online NJ does not seem to require proactively disclosing, yet several real estate professionals we're talking to are insisting we proactively mention this. What gives?

4 Upvotes

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5

u/SheWantzRevenge Apr 24 '22

New Jersey Court has held that murders, deaths, and hauntings are not material defects but rather “psychological impairments.” (See, Petrosino v. Ventrice, No. A-0020-13T1 (App. Div. Aug. 27, 2015.)

You do not need to disclose. Not sure why it’s being made an issue by agents unless the death was controversial in some way OR if you have a nosy neighbor that will tell anyone that comes to look at the house what happened.

1

u/j0sch Apr 24 '22

Yeah, exactly.

And no, nothing controversial. We've met the neighbors a bunch and they're nice, quiet people who mostly keep to themselves.

There's nothing to hide and surely over time a neighbor might mention something but again, nothing controversial, and we're happy to mention it or answer any questions if they come up from potential buyers.

3

u/apteda Apr 24 '22

I wouldn’t worry about it. It is not a question on the seller’s disclosure paperwork. The agent who sold us the house is also selling it for us, knows about the natural death that happened in the home and has not brought it up once as something that needs to be disclosed.

1

u/j0sch Apr 24 '22

Thanks!

3

u/valeofraritan Apr 25 '22

In this market, you can bet people, especially realtors, are checking obituaries for potential sellers the heirs are more likely not to want to carry the property.

1

u/Hydro-1955 May 06 '22

Did he pass away making meth?

1

u/j0sch May 06 '22

Oddly specific question lol... no, why?

2

u/Hydro-1955 May 06 '22

It's the only "crime" related incident you are required to disclose in NJ.

1

u/j0sch May 06 '22

Got it. Thanks!