[WSBARP] Suicide disclosure

Fri Jun 23 11:58:59 PDT 2023

Hi Craig,

Last I checked, there is no Washington case on the issue and the RCW does
not expressly require that a seller disclose any sort of death, but one of
the last questions on 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
disclosure arises, but I personally do not see how death could be considered
a "material defect." 

I have advised clients in the past that, whether a death in the residence is
a "material defect" is an issue that Washington courts have not ruled on.
The legislature has determined that "murder, suicide or other death" are not
"material facts" that a real estate broker would be required to disclose to
a party.  RCW 18.86.010(9).  Some other states have ruled on this issue.
While it is not binding here, 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. 

If the seller is specifically asked whether there has been a death or
suicide in the home, that is obviously a different story.  

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

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Craig Gourley
Sent: Friday, June 23, 2023 11:32 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Suicide disclosure

Listmates, does anyone know what the seller's disclosure requirement ( if
any) is when someone has committed suicide in a home?  Thanks, Craig 

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