[WSBARP] Suicide disclosure

Wed Jun 28 19:15:56 PDT 2023

That is a great link, thank you Nestor!

I own a 1914 home, a 1938 home, a 1935 home, and a 1949 home.  I am pretty
sure that I have ghosts in one or more of them. :D

*Mark C. McClure*
*Managing Attorney *Law Office of Mark McClure, PS

*"Why Retire With Debt?"*1103 West Meeker Street, #101
Kent, WA 98032

Office:  253.631.6484
Email: Mark at McClureLawGroup.com

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*From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Nestor Gorfinkel
*Sent:* Friday, June 23, 2023 1:55 PM
*To:* WSBA Real Property Listserv
*Subject:* Re: [WSBARP] Suicide disclosure

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

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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

*GOURLEY LAW GROUP*

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