[WSBARP] Estate's Duty to Disclose Decedent's (homeowner) suicide.

Fri Jan 7 18:18:43 PST 2022

You’re right.  They are exempt from making a seller disclosure under RCW 64.06.

Samuel M. Meyler

Meyler Legal, PLLC 

1700 Westlake Ave. N., Ste. 200

Seattle, Washington 98109

Tel:  206.876.7770

Fax:  206.876.7771

Email:   <mailto:samuel at meylerlegal.com> 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 6:04 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Estate's Duty to Disclose Decedent's (homeowner) suicide.

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:   <mailto:samuel at meylerlegal.com> samuel at meylerlegal.com

NOTICE:

This electronic message contains information which may be Confidential or Privileged and constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act 18 USC 2510. The information is intended to be for the use of the individual or entity named above.  If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited.  If you received this transmission in error, please notify the sender and delete the copy you received together with any attachments.  Thank you.

From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>   <mailto: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 <mailto: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 <mailto: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:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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