Is Failure to Disclose That a House is “Evil” Cause for Action?

7:59 pm Real Estate

slide 16568 230372 large 150x150 Is Failure to Disclose That a House is “Evil” Cause for Action?An interesting post today at the PropertyProf blog by Tanya Marsh, an assistant professor at Wake Forest Law School, in which she tackles the issue of whether or not a TV real estate agent should be held accountable for not disclosing that a house was “evil” prior to purchase.

The house in question is the Rosenheim Mansion in Los Angeles, which is the new home of a family that moves to L.A. from Boston in American Horror Story on the FX network.  The 1920s mansion has been fully restored, but what hasn’t been restored is its past as the site of a number of murders over the years.

The family in the television series purchases the home from an agent who tells them of the murder-suicide of the previous owners that had occurred there within the past three years.  The agent does not disclose any prior murders, undoubtedly following the California Civil Code sec. 1710.2 that provides in part:

“a) No cause of action arises against an owner of real property or his or her agent, or any agent of a transferee of real property, for the failure to disclose to the transferee the occurrence of an occupant’s death upon the real property or the manner of death where the death has occurred more than three years prior to the date the transferee offers to purchase, lease, or rent the real property…”

Marsh contends that although there is no affirmative requirement to disclose deaths that occurred at the house beyond the prior three years, there is a more general requirement to disclose information that could impact the value of the home…like that the home is evil.

While this is only a television horror story, there are real real estate horror stories that afflict people every day.  You can bypass all evils of any real estate transaction by having a California real estate attorney review your transactions. Help is available to you by contacting your Southern California financial planning experts today.

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