If you are attempting to sell your New York home, you definitely want to highlight its best features and amenities while minimizing anything that could detract from the sale of the property. Real estate disclosure laws vary by state, but all states disallow sellers (or their agents) from lying about property conditions to close the deal.
But what, exactly, must be disclosed? What about any deaths or homicides on the property?
NY has seller-friendly disclosure laws
Most older properties have been the site of deaths in the past. As New York was granted statehood in 1788, it stands to reason that older properties on the market fall into this category.
In New York state, sellers and agents must respond truthfully to questions, but have no obligation to disclose deaths of any type known to have occurred at the property.
Why this is relevant
Homebuyers can look for any excuse to back out of a sale. Some may attempt to cancel a closing by claiming they were unaware of deaths that have occurred at the location. However, fewer may claim that normal deaths attributed to aging or illness are a major roadblock to buying the property.
Notorious homicides, suicides and other unusual or violent deaths occurring there may be real stumbling blocks for home sales, however. In all cases, though, pointed questions must still be answered truthfully even when no death disclosures are required.
Protect yourselves legally at all sale points
The best way to avoid problems with a home sale or property purchase is to retain the services of a trusted legal advocate with experience dealing with New York’s real estate laws.