[WSBARP] Estate's Duty to Disclose Decedent's (homeowner) suicide.
Kary Krismer
Krismer at comcast.net
Fri Jan 7 18:03:39 PST 2022
I would tend to agree, but the second sentence is too broad. The PR is
exempt from doing a seller disclosure statement under the title, but not
necessarily "any sellers' disclosures."
Kary L. Krismer
206 723-2148
On 1/7/2022 5:51 PM, Samuel M. Meyler wrote:
>
> This is one that I have actually gotten a few times from brokers and
> sellers. First, a personal representative is exempt from making any
> sellers’ disclosure. RCW 64.06.010(6).
>
> A broker has a duty to disclose material facts known to the broker and
> not apparent or readily ascertainable to a party. RCW
> 18.86.030(1)(d). That being said, death of any sort is not considered
> a “material fact.” The Legislature made sure of that…
>
> “Material fact” means information that substantially adversely affects
> the value of the property or a party's ability to perform its
> obligations in a real estate transaction, or operates to materially
> impair or defeat the purpose of the transaction. *The fact or
> suspicion that the property, or any neighboring property, is or was
> the site of a murder, suicide or other death, rape or other sex crime,
> assault or other violent crime, robbery or burglary, illegal drug
> activity, gang-related activity, political or religious activity, or
> other act, occurrence, or use not adversely affecting the physical
> condition of or title to the property is not a material fact.* RCW
> 18.86.010(9).
>
> For sellers who are not exempt from providing Form 17, Washington law
> doesn’t expressly require that a seller disclose any sort of death but
> one of the last questions of the seller disclosure statement is, “Are
> there any other existing material defects affecting the property that
> a prospective buyer should know about?” This is usually where the
> concern about disclosing a death arises.
>
> As I have advised clients in the past, whether or not a death in the
> residence is a “material defect” is a questions of fact that
> Washington courts have not ruled on. That being said, the legislature
> has indicated that “murder, suicide or other death” are not “material
> facts” that a broker would be required to disclose and some other
> states have ruled on this issue. While it is nonprecedential,
> /Milliken v Jacono/, et al. out of Pennsylvania considered whether a
> murder-suicide in a home was a material defect requiring disclosure
> based on a similar seller disclosure form to our Form 17.
> Pennsylvania’s Supreme Court ruled that it was not a “material defect”
> and that, “psychological stigmas are not material defects of property
> that sellers must disclose to buyers.” Non-binding, but worth
> considering.
>
> Sam
>
> **
>
> *Samuel M. Meyler*
>
> *Meyler Legal, PLLC *
>
> 1700 Westlake Ave. N., Ste. 200
>
> Seattle, Washington 98109
>
> *Tel:*206.876.7770
>
> *Fax:*206.876.7771
>
> *Email:*samuel at meylerlegal.com <mailto:samuel at meylerlegal.com>
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com
> <wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Kary Krismer
> *Sent:* Friday, January 7, 2022 4:18 PM
> *To:* wsbarp at lists.wsbarppt.com
> *Subject:* Re: [WSBARP] Estate's Duty to Disclose Decedent's
> (homeowner) suicide.
>
> If the listing broker is asked they would have a duty to honestly
> answer and disclose what they know. That's part of the statutory
> duties and also likely a Realtor ethical rule.
>
> I'm not so certain there is a clear answer to this question as to the
> P.R. It's clearly not based on Form 17, but there may be some other duty.
>
> Kary L. Krismer
> John L. Scott, Inc.
> 206 723-2148
>
> On 1/7/2022 3:08 PM, Jeff at bellanddavispllc.com wrote:
>
> Listmates:
>
> Probate estate is selling Decedent’s home in which decedent
> committed suicide. Must a potential Buyer be informed how the
> owner died?
>
> Jeff Davis
>
> *W. Jeff Davis*
>
> *BELL & DAVIS PLLC*
> P.O. Box 510
>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com>
> www.bellanddavispllc.com <http://www.bellanddavispllc.com/>
>
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>
> **
>
>
>
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