Do sellers need to disclose deaths in a house in Mississippi?

Full question:

When someone sells their house , does the seller have to disclose there has been 2 deaths in the house that they are selling?

  • Category: Real Property
  • Subcategory: Seller's Disclosures
  • Date:
  • State: Mississippi

Answer:

No, in Mississippi, sellers are not required to disclose deaths that occurred in the house. A statute was enacted after a Supreme Court ruling that clarified this issue. Specifically, Mississippi law states that the fact or suspicion of a property being the site of a natural death, suicide, homicide, or felony crime does not constitute a material fact that must be disclosed in a real estate transaction. This includes deaths that have no impact on the physical condition of the property.

According to the 2015 Mississippi Code (Miss. Code § 89-1-527), failing to disclose such nonmaterial facts does not lead to criminal, civil, or administrative actions against the property owner or real estate professionals. However, if a seller is directly asked about these issues, they must answer truthfully. The law protects sellers from liability for not disclosing these types of information unless they intentionally misrepresent facts in response to direct inquiries.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Mississippi, sellers are not required to disclose any type of death, including natural deaths, suicides, or homicides, that occurred in the property. This is because such information is not considered a material fact that affects the property's condition. However, if a seller is directly asked about a death, they must answer truthfully. Always check local laws for specific requirements.