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do i need to tell a buyer if someone died in the house?

selling my house and partner passed away in it. i don't want to scare off a buyer and don't want to tell this or talk about it. but do i need to tell them?

Asked by jamie | Columbia, MO| 08-05-2026| 75 views|Selling|Updated 2 months ago

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Nick NikolovReal Estate Agent2 months ago
Semi-Pro63 Answers

I'm sorry about your partner. Let me get you an answer specific to Missouri.I'm sorry about your partner. In Missouri, you do not have to disclose this. Missouri law specifically states that a death on the property is not a material fact you're required to disclose in a home sale, even if a buyer asks directly. The only exception is if the death somehow affected the physical condition of the home itself, something structural or a repair issue that resulted from it. That's a different kind of disclosure tied to property condition, not the death itself. You're not obligated to bring it up, and you're not required to answer if a buyer or agent happens to ask, though most people never do. If it does come up and you'd rather not discuss it, you're within your rights to simply say you're not able to disclose personal matters about the property. Nick Nikolov Brokered by HomeSmart Houston

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Keith Jean PierreReal Estate Agent2 months ago

Jamie, this law is state dependent. Keith Jean-Pierre Managing Principal The Dapper Agents Real Estate Operations in ALL 50 States

Zoltan PeresztegiReal Estate Agent2 months ago

Jamie, I am sorry. Losing a partner is hard enough without having to think about how it affects a sale. The short answer for Missouri: you do not have a legal duty to volunteer it, but you cannot lie about it if a buyer asks you straight out. Missouri has a statute on this, section 442.600, which covers what it calls psychologically impacted real property. It says that a property being the site of a homicide, another felony, or a suicide is not a material or substantial fact that has to be disclosed in a sale, and it says no cause of action arises against a seller or an agent for not disclosing it. A natural death in the home is even further from a defect than the things that statute names. Nothing about it changes the roof, the foundation, or the plumbing, and Missouri does not treat it as a condition of the property. Nicole is right that New York works the same way, and I want to flag that this varies a lot by state, because people read advice from elsewhere and get themselves in trouble. In California, for example, Civil Code 1710.2 requires disclosure of any death on the property within the prior three years. Same facts, completely different obligation. Missouri is on the seller-friendly side of that line. Two things I would still be careful about. If a buyer or their agent asks you directly, do not deny it. Choosing not to volunteer something is legally different from stating something false, and an affirmative misrepresentation is a fraud problem that no disclosure statute protects you from. If you truly do not want to discuss it, the honest version is a simple "I would rather not discuss the prior occupants," and you leave it there. That is not a lie and it is not concealment. And if the death led to any actual physical condition, that one you do disclose. If the house sat empty for a while and there was a water issue, if hospice equipment damaged flooring or a doorframe, if anything needed remediation, those are property conditions and they go on the disclosure regardless of how they happened. For what it is worth, in my experience this comes up far less often than sellers fear. Most buyers never ask. The sellers who get hurt are almost always the ones who got asked and got creative with the answer. I am a real estate professional, not an attorney, and this is a legal question with a real statute attached to it, so if a buyer does ask and you are uneasy about how to answer, one call to a Missouri real estate attorney will cost you very little and settle it completely. I am Zoltan Peresztegi, and I work in Los Angeles and the South Bay, so Columbia is not my market, but if you would like an introduction to a mid-Missouri agent who will handle this gently, just ask. Take care of yourself through this. Zoltan

Nicole WilkieReal Estate Agent2 months ago
Novice4 Answers

First of all, I am very sorry to hear this, my condolences. To answer your question, here in New York, you do not need to disclosure that someone has passed away in the property that you are selling.

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