The Seller’s Disclosure Law is all about making sure no one moves into their new home only to find hidden “surprises” that could affect safety or property value. In Pennsylvania, sellers are legally required to disclose material defects that would significantly affect a property’s value or pose unreasonable risk to anyone on the premises. However, some details don’t need to be disclosed, leaving certain “haunted” curiosities up to the buyer’s research.
Do Sellers Need to Disclose if a Death Occurred on the Property?
Generally, no. This falls under what’s called a “stigmatized property.” The National Association of Realtors® (NAR) defines a stigmatized property as one that has been psychologically impacted by a past event—such as a death—without any physical effect on the property itself.
Each state handles stigmatized property laws differently. In Pennsylvania, the landmark case Milliken v. Jacono set the standard on whether deaths (including those from murder or suicide) need disclosure. In this case, the Supreme Court ruled that a death, even a murder/suicide, is a “psychological stigma” rather than a material defect, so sellers aren’t required to disclose it. However, the court also noted that buyers “possessed the tools to discover the murder/suicide and did not do so.”
Should Sellers Disclose Anyway?
While it’s not legally required, it may still be practical to disclose past deaths, especially since neighbors are often quick to share such news with new owners. Buyers can also research this independently and may appreciate transparency.
Are There Exceptions to the Disclosure Rule?
Yes, in specific circumstances. If a death physically impacts the property, such as if bodily fluids caused damage that required repairs, those repairs would typically need to be disclosed. This disclosure may inherently reveal the nature of the event.
What Should You Say if Someone Asks About a Death on the Property?
It’s best to follow your seller’s direction, as long as it’s truthful. You might say, “Yes, here’s what happened,” or, “I’m not at liberty to discuss that.” Always remember, however, that honesty is required by both law and the NAR’s Code of Ethics.
Does a Seller Need to Disclose if the Property is “Haunted”?
Some buyers are spooked by the idea of a “haunted house,” while others might be intrigued or see it as a unique selling point. Legally, unless there’s a physical impact, sellers don’t need to disclose perceived “hauntings” or psychological stigmas. In this case, buyers are encouraged to do their due diligence.
Are Burial Plots or Cemeteries on a Property Required to be Disclosed?
Yes, burial sites have a clear physical impact on a property and generally must be disclosed. Additionally, there are specific laws regarding cemeteries and burial grounds, including guidelines on access rights in certain situations. For more information, buyers and sellers can consult the Pennsylvania Historic & Museum Commission or the Pennsylvania Cemetery, Cremation, and Funeral Association for specific inquiries.
The Seller’s Disclosure Law requires that material defects are shared with potential buyers, but not every “chilling” detail is on the table. Stories of deaths, ghostly sightings, or even concealed burial sites might not come up unless buyers actively investigate. Whether your buyer sees a haunted house as a dream or a nightmare, understanding Pennsylvania’s disclosure laws means they’ll be prepared for any skeletons—real or imagined—that might come with the property.