We received another viewer’s question: I am listing a home and I have learned that the former owner committed suicide, do I need to disclose this to all of the potential Buyers? We often receive this and other similar questions like: there is a suspicion of a ghost in the house, someone has died due to a homicide, do I need to affirmatively disclose these facts?
In short, under M.G.L. 93A § 108, there is no need to affirmatively disclose these types of items. It is important to remember that if a Buyer asks a specific question the Seller cannot lie whether that lie is explicit or by omission. Misrepresentation is very different from a duty of affirmative disclosure. The Seller must be truthful and honest when specifically asked. The statute specifically states that if a property is psychologically impacted, that is not a material item that must be disclosed.
If you have a question about what needs to be disclosed in a MA real estate transaction, contact Stiles Law at (781) 319-1900 or stiles-law.com.
Stiles Law, with offices located in Boston and Marshfield, Massachusetts, is a firm concentrating in real estate conveyancing and mortgage lending services, representing buyers, sellers, borrowers, banks, mortgage companies, investors, builders and developers in all of their real estate and mortgage transactions. Stiles Law serves all areas of eastern Massachusetts–the North Shore, Boston, and Cape Cod, in addition to the entire South Shore, including: Plymouth, Kingston, Duxbury, Hanover, Pembroke, Marshfield, Scituate, Norwell, Cohasset, Hull, Hingham, Weymouth, Braintree, and Quincy.
Copyright © 2019 Stiles Law, All rights reserved. Stiles Law is a Massachusetts licensed law firm and all content is based on Massachusetts law. The information presented above is meant to be used for general informational purposes and it should not be construed as legal advice or legal opinion on any specific facts.