Real Estate Tips: Someone Died In My Property. Do I Need To Disclose It?

Someone Died In My Property. Do I Need To Disclose It? This is not an easy question to answer, and we must consider both legal and ethical consequences.

In Ontario, no legal requirements exist for homeowners to disclose if someone has passed away in their home. Some exceptions apply if, for example, toxic chemicals were present or anything that severely impacts homes construction etc. More on this can be found in various articles, and I found this one from Merovitz Potechin LLP.

However, these cases are few and far between. The most common scenario I encounter is that someone’s relative has peacefully passed away in the property. In this instance, I see no reason not to disclose the information.

OREA (the Ontario Real Estate Association) says that Realtors have an “ethical duty” to disclose information regarding stigma or deaths within a property to potential home buyers: OREA: Disclosure and stigmatized properties.

OREA’s overarching policy is “when in doubt, disclose” they point out that Realtors will be held to a higher standard and should show professionalism in dealing with these situations.

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Someone Died In My Property. Do I Need To Disclose It? Cont…

Realtors are also obligated to be “informed and educated” on the properties they represent. All the while, we must also, within legal bounds, follow the direction of our clients.

These two duties, at times, can be in direct conflict with each other. You may not want your Realtor to disclose this information, but on the other hand, do you want to work with someone who has no ethical issues with misleading the public? I wouldn’t!

So where are we? Is it a legal requirement? NO!

Does your Realtor need to disclose this information if they are aware? I would say YES! 

Is it a big deal? I Don’t Think So!

In my experience, it is best to be open and honest about all aspects of the sale. When people hide things or try to operate in the grey areas, it almost always comes back to bite. I cannot remember when I had someone not buy a property because someone passed away in the home. Perhaps in some extreme circumstances, it may happen. However, in those instances, a simple google search of the address probably tells you everything anyway.

Trust me, you do not want issues on closing day or, more than likely, as soon as someone moves in and a neighbour tells them what happened. Moving is stressful enough. Why would you want to add legal troubles on top of it?

Happy House Hunting & House Selling!

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