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I purchased a house 9/2008. I just discovered the previous

 

Customer Question

I purchased a house 9/2008. I just discovered the previous owner committed suicide in the garage because her husband died earlier in the year (he died in the bedroom). I had a conversation questioning the home's history during my initial visit of the house. She assured me that no negative events happened in the house, but if it did she had to disclose it. Is there anything I can do about this deception?

 

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State/Country relating to question: Texas

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Submitted: 290 days and 13 hours ago.
Category: Real Estate Law
Value: $49
Status: CLOSED
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Expert:  Dimitry Esquire replied290 days and 13 hours ago.

Thank you for your question.

If I may ask, was the property damaged in any way due to the suicide? Also, was the person aware of the history?

Customer replied290 days and 13 hours ago.

No damage that I could tell, but the house was newly painted, thoroughly cleaned, & presentable. The agent was aware of this because the selling price was considerably lower than other houses in the area.

Accepted Answer

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Expert:  Dimitry Esquire replied290 days and 12 hours ago.

Thank you for your follow-up.

The reason I ask is because many states have rules on disclosure of defects, and most states have rules on disclosure for passing on the premises, be it natural or self-induced. In Texas, the law expressly states that the realtor or the seller do not have to inform you of this information. Because of that, I really do not see a cause of action here, and that is why I asked about potentially other defects, so as to see if pursuit of those other potential claims could be possible.

Here is the law, as it currently exists:

Section 5.008(c) A seller or seller’s agent shall have no duty to make a disclosure or release information related to whether a death by natural causes, suicide, or accident unrelated to the condition of the property occurred on the property or whether a previous occupant had, may have had, has, or may have AIDS, HIV related illnesses, or HIV infection.

I am sorry.

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Dimitry Esquire41123.0322361458

Expert TypeAttorney
Category: Real Estate Law
Pos. Feedback: 97.2 %
Accepts: 5117
Answered: 8/2/2012

Experience: JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

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