[WSBARP] Suicide disclosure

[Nestor Gorfinkel]

I would not rely as authoritative, but a good place to start how other states treat this issue.

https://www.apartmenttherapy.com/died-in-your-house-36833831


Cordially,

Nestor Gorfinkel, Attorney at Law
Licensed in Florida & Washington State
Florida Civil-Law (International) Notary

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of samuel at meylerlegal.com
Sent: Friday, June 23, 2023 2:59 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Suicide disclosure

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

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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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