In California, sellers are legally required to disclose any deaths that occurred in a home within the three years preceding the sale. According to a report by the Sacramento Bee, real estate transactions in California demand complete transparency. With Halloween approaching, the question of whether California sellers and real estate agents need to disclose if a property is “haunted” or has experienced “supernatural events” is once again in the spotlight.

A press release from Zillow, dated October 2023, clarifies that California law does not explicitly require the disclosure of any “supernatural” activities when selling a home. However, under California Civil Code Section 1710.2, sellers must disclose any deaths that took place within the home during the last three years. Additionally, if a buyer directly inquires about deaths, hauntings, or supernatural occurrences, the seller is obligated to provide honest information regarding those events.

What are the legal exceptions?

There is an exception within California’s real estate regulations. According to the California Association of Realtors, if a person died of HIV or AIDS, the seller is not required to inform the buyer about that detail. This law, passed in 1986, aims to protect sellers from having to disclose such sensitive information when buyers ask, to prevent stigma and discrimination.

What are the disclosure requirements for sellers in California?

The California Association of Realtors indicates that sellers must answer several questions: Did a death occur on the property? Was the deceased a resident of the property? Did the death happen within the last three years? While some sellers may technically avoid answering these questions based on specific criteria, it is generally considered best practice to share all known information with buyers, especially in cases where a death is particularly notorious and could negatively impact the property’s value or appeal, such as in a murder case.

Former real estate agent Jeff Jurach advises that if sellers are concerned that revealing such information could scare off potential buyers, they should actually be more worried about the consequences of concealing it and facing legal repercussions instead.