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Stigmatized property · 9 statesDo you have to disclose a death in a house? What 9 states say

Many states say a death on the property is not a material fact the seller must volunteer – but the details differ. California: no duty for a death more than three years before the offer (Civ. Code §1710.2). Texas: no duty about a death by natural causes, suicide or an accident unrelated to the property's condition (Prop. Code §5.008(c)) – homicide is not on that list. Florida, North Carolina, Oregon, Nevada, Massachusetts and Missouri treat a death on the property as not material, and Arizona has its own statute. None of them lets a seller or agent lie: California and Massachusetts say so expressly, and North Carolina bars knowingly false statements.

What the statute says

  1. California (Civ. §1710.2)

    No duty for a death more than 3 years before the offer; no protection for a misrepresentation in answer to a direct question.

  2. Texas (Prop. §5.008(c))

    No duty about death by natural causes, suicide or an accident unrelated to the property's condition.

  3. Florida (§689.25)

    Homicide, suicide or death on the property is not a material fact; no cause of action for not disclosing.

  4. North Carolina (G.S. 39-50)

    A prior occupant's death or serious illness is not material; no seller may knowingly make a false statement.

  5. Oregon (ORS 93.275)

    Death by violent crime, suicide or any manner, on the property or next door, is not material.

  6. Nevada (NRS 40.770)

    Homicide, suicide or death is not material unless it results from a condition of the property; meth labs have separate rules.

  7. Massachusetts (c. 93 §114)

    Felony, suicide, homicide or alleged supernatural activity – not material; no misrepresentation allowed.

  8. Missouri (RSMo 442.600)

    Homicide, other felony or suicide on the property, or nearby, is not a material fact; no action against agents for not disclosing.

Still not allowed

  • Lying in answer to a direct question – California and Massachusetts say so expressly, North Carolina bars knowingly false statements.
  • Hiding physical damage or contamination linked to the event – it belongs on the condition disclosure.
  • Nevada: a death that results from a condition of the property is not covered by the safe harbor.

How agents and TCs handle the question

  • A buyer's direct question gets a truthful answer or a referral to the seller – never a made-up one.
  • Physical consequences – damage, cleanup, meth contamination – go on the condition disclosure.
  • Write down the question and the answer in the deal notes.

Questions buyers and sellers ask

Do you have to disclose a death in a house?

In many states, no – California only for deaths within the last three years, Texas not for natural causes, suicide or accidents. But a direct question still needs a truthful answer.

Do you have to disclose a murder in a house in Texas?

Texas Property Code §5.008(c) removes the duty for natural causes, suicide and accidents unrelated to the property – homicide is not on that list, so ask counsel before staying silent.

Do you have to disclose a haunted house?

Massachusetts expressly says alleged supernatural phenomena are not material (c. 93 §114); most states have no rule on it.

Related guides

Log buyer questions and the answers given as deal notes in ClosingCode, so the file shows what was asked and said.

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Sources: Cal. Civ. Code §1710.2; Tex. Prop. Code §5.008(c); Fla. Stat. §689.25; N.C.G.S. 39-50; ORS 93.275; NRS 40.770; M.G.L. c. 93 §114; RSMo 442.600 (official statute sites, read October 25, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage.