Do You Have to Disclose a Death in a House? (California Law Explained)
Selling a home is never just about the walls and square footage. It’s about the life that happened there—the memories, moments, and sometimes, the loss. For many California homeowners, that raises a tough but important question: Do you have to disclose a death in the house to potential buyers?
If you’re preparing to sell a home where somebody passed away—whether from natural causes, a heart attack, old age, or even if someone committed suicide—it’s important to know what the law requires and how to handle that disclosure with clarity and integrity. Property Sales Group is here to break it down which is easy to understand, legally accurate, and emotionally thoughtful.
Why Prospective Buyers Care About Death in the Home
Most people buying a home aren’t just investing in a property's condition—they’re also responding to its energy, its history, and the story it tells. A recent death can impact how the site feels to a potential buyer, and even affect their decision to move forward.
Some buyers are superstitious. Others are simply sensitive to the idea of ghosts or emotional residue. That’s why prospective buyers want to know the truth upfront. It gives them the chance to make an informed decision and prevents uncomfortable surprises later.
While some buyers may not be bothered, stigmatized homes—especially those associated with a tragedy or murder—can sit on the market longer or attract lower offers. This makes the act of disclosure not just ethical, but strategic.
What States Require Disclosure of a Death in the Home?
When it comes to death disclosure, most states don’t have a single rule. Instead, it varies widely based on where you live. Here’s a quick overview of what states require you to disclose deaths:
- California: Requires disclosure of any death in the home that occurred within the last three years.
- South Dakota: Requires disclosure of material facts but doesn’t specify death.
- Texas and Florida: Do not mandate death disclosures unless directly asked by the buyer.
The first point of action is to find out what your state requires. In California, where Property Sales Group is based, the expectations are crystal clear—and the penalties for non-disclosure can be steep.
California Law: You Need to Disclose a Death in the Home
Under California Civil Code §1710.2, sellers are legally obligated to disclose deaths that occurred on the property within the last three years. This applies to any cause of death—natural, accidental, suicide, or homicide. The key factor is timing.
The law doesn’t care whether someone passed from old age, suffered a heart attack, or even if someone committed suicide. If it happened within that three-year window, you must disclose upfront. It’s the buyer’s right to know.
What If the Death Happened More Than Three Years Ago?
Here’s where it gets tricky. If the death occurred more than three years ago, there’s no legal obligation to disclose. However, if the buyer, their realtor or real estate attorney asks you directly, you must answer truthfully. Honesty in writing is always the safest approach.
What you can’t do is lie or evade. If you’re asked, “Has anyone died in this house?” and the answer is yes—even if it was five, ten, or twenty years ago—you are legally and ethically obligated to tell the truth.
Deaths That May Still Be Considered Material Beyond the Three-Year Rule
Even outside the three-year time frame, some deaths still qualify as “material facts” if they could influence the buyer’s decision. For example:
- Deaths that were high-profile, covered by media, or became neighborhood folklore
- Violent crimes or disturbing circumstances
- Properties known in the area as stigmatized homes
In these cases, disclosure is not just smart—it’s protective. Being upfront helps you avoid canceled contracts or future legal entanglements. It also builds trust with prospective buyers, who are more likely to move forward when they feel the full story has been told.
