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Do I need to disclose if there was a death in the home?

Death due to sickness. Do I need to disclose that when selling?

Asked by Agatha | Atlanta, GA| 07-26-2023| 1,671 views|Selling|Updated 2 years ago

Answers (9)

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Kevin Neely

Keller Williams Realty Elite Partners · Spring Hill, FL

(75 reviews)
Florida does require disclosure of deaths in a home in specific circumstances, but the obligation is narrower than many sellers assume. In Georgia and across the Southeast, Florida Statute 689.261 states that the fact that a property was the site of a homicide, suicide, or death is not a material fact that must be disclosed in a real estate transaction. However, this protection does not apply to stigma attached to recent or notorious events that have created significant public attention and may affect the propertys market value. Courts have generally held that the standard Florida disclosure duty (from Johnson v. Davis) applies when a seller knows of a fact that materially affects value and that is not readily observable. In practice, most experienced Florida agents advise sellers to answer direct buyer questions honestly rather than volunteering information that is not legally required. If a buyer asks directly whether anyone has died in the home, a truthful answer is legally and ethically the right approach. If the death has been widely reported in local media and could materially affect buyer demand, consult a Florida real estate attorney about how to structure your disclosure to be accurate without unnecessary expansion. The goal is honesty without exceeding what the law requires. Kevin Neely & Kaitlynd Robbins | K2 Sells
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04-15-2026 (3 days ago)··
Amanda Courtney

REP Realty Group · Fort Myers, FL

(13 reviews)
In Florida, deaths are typically not required to be disclosed unless it impacts the property materially. When in doubt, ask your agent.
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01-23-2026 (2 months ago)··
Julianne Clark

Charter One Realty · Beaufort, SC

(48 reviews)
It depends on where you live. Some states require disclosure -- others do not. (There are probably many more deaths in homes than anyone ever know about.) If the death in the home was or was not a brutal event -- the neighbors would surely tell the new owners anyways.
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08-23-2023 (2 years ago)··
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Tammi NicholasRising Star19 Answers
Tammi Nicholas

Epic Real Estate · Mustang, OK

(1 review)
In Oklahoma, you have to disclose if the question is asked in writing.
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08-10-2023 (2 years ago)··
Joe BattersbyRising Star13 Answers
Joe Battersby

EXIT Assurance Realty · Groton, MA

(5 reviews)
If you are in Georgia and it was a "peaceful" death you do not need to disclose. Some states require, but not Georgia.
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08-09-2023 (2 years ago)··
Rich & Grace OrbanNovice8 Answers
Rich & Grace Orban

Rich & Grace Orban BESTTEAM Red 1 Realty LLC · Jefferson, GA

(26 reviews)
if asked yes you should answer honestly but currently not part of the disclosure statement
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04-07-2026 (1 week ago)··
Danny MartinNovice2 Answers
Danny Martin

Keller Williams Flagship · WHITE PLAINS, MD

(66 reviews)
In Maryland if it is not a material fact of the home then no, you do not
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08-15-2023 (2 years ago)··
Holli ClemNovice1 Answer
Holli Clem

Keller Williams Realty Atlanta Partners · Cumming, GA

(45 reviews)
In Georgia, you are not required to disclose upfront, however, if asked directly you must answer honestly.
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09-25-2023 (2 years ago)··
Kay BoyceNovice1 Answer
Kay Boyce

Zach Taylor Real Estate · Lithia Springs, GA

(10 reviews)
In the State of Georgia, you are not required to disclose death upfront, however, if asked directly you must answer the question honestly.
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10-16-2025 (6 months ago)··
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