Undisclosed Death

Ask Phyllis: a blog series of frequently asked real estate questions.

Undisclosed Death

Dear Phyllis,

My daughter and her husband purchased a home in Azusa six months ago. The house was sold via probate and was a fixer, but my son-in-law is very handy. So that was not a problem. After just a month of moving in, a neighbor told them that the home was a rental and that the previous occupants were druggies, and one died of an overdose. It is my understanding that the death should have been disclosed, but it wasn’t. What do you suggest my daughter do about the undisclosed death?

I’m sorry to hear about your daughter’s situation.

In California, sellers must disclose any death on the property within the last three years. First, your daughter should confirm the timeline. Your daughter will need a police report or coroner’s record to pin down when and if the overdose happened. Even though it was a probate sale, the law was broken if the death was within three years of her purchase and if the estate knew and it wasn’t disclosed.

You might want to consult a real estate attorney. If there’s a case, your daughter could sue for misrepresentation or fraud. Remedies might include damages (a drop in property value) or, possibly, reversing the sale. But she’d need solid proof the death was recent, material, and known to the seller or agent.

Best of luck to your daughter and her husband.