Do You Have to Disclose a Death in a House? Here’s What to Know

Most states require home sellers to disclose major issues with a property, such as a cracked foundation or a leaky roof, before closing. In some states, those laws also apply to non-physical events, including whether someone has died in the home. While this doesn’t faze some buyers, others may see it as a dealbreaker.

So, do you have to disclose a death in a house? It depends on where you live. In this Redfin Real Estate article, we’ll explain when death disclosure is required, what types of deaths matter, and which states have specific laws, whether you’re selling a home in New Orleans, LA, or buying a house in Boston, MA.

Do you have to disclose a death in a house?

It depends. Most states don’t have requirements for sellers to inform buyers if someone has passed away peacefully in the home. However, there are some states where you do have to disclose any deaths in the home you’re selling.

Do you need to disclose a “violent death”?

In the case of violent deaths, such as murders or suicides, sellers in most states are required to disclose this information. Highly publicized deaths may negatively impact the home’s value, so it’s crucial that you tell potential buyers.

If a buyer asks, are you required to tell them?

Yes, if a buyer asks if a death has occurred in the home, you’re required to tell them. The buyer may be able to take legal action if they find out later. As always, the best motto is to do the right thing. If you’re selling a home in which a death has occurred, it’s best to disclose that information upfront. You don’t want to get all the way through the escrow process to find out that the buyer has concerns about it. 

If you’re a buyer and are concerned about a death in a home (or how it may affect the resale value), ask the listing agent to disclose that information. If the listing agent doesn’t know, you can use a service like DiedinHouse.com, which will investigate whether someone has died there.’

What states have specific requirements?

Three states have specific requirements about disclosing a death in a home: California, Alaska, and South Dakota.

*Certain types of deaths, like those from AIDS, cannot be disclosed

In other states, the laws are less black and white; a seller may need to disclose the information only if a buyer requests it. To understand the death in home disclosure regulations in your area, you should get in touch with a local real estate agent.

FAQs about death disclosure in real estate

Still have questions about disclosing a death that occurred in a house? Other people do too – here are the most frequently asked questions. 

Can a buyer back out if they find out someone died in the house?

Potentially, yes. If a seller fails to disclose a death that was legally required in their state, or lies when asked, the buyer may be able to cancel the contract or even pursue legal action.

Does a death in the home affect resale value?

Sometimes. Violent or highly publicized deaths can stigmatize a property, making it harder to sell or lowering its value. Peaceful deaths usually don’t impact resale.

How do I find out if someone died in a house I want to buy?

You can ask the seller or agent directly, use online tools like DiedInHouse.com, or search local obituaries, police records, or newspaper archives.

What is a stigmatized property?

A stigmatized property is one that may be considered undesirable for non-physical reasons, like a death, crime, or paranormal claims, even if it’s structurally sound.

Do real estate agents have to disclose a death?

It depends on state law, but in many states, agents must disclose material facts that could affect a buyer’s decision, including certain deaths, especially if they are asked directly.

Can sellers choose to disclose even if it’s not required?

Yes, and it’s often a good idea. Being upfront can protect sellers from legal disputes later and help avoid deal fallout during escrow.