Fifty years ago it was normal for people to die in their homes. Disclosure laws weren't what they are today and most buyers simply wanted a good, structurally sound home. Today buyers are, shall we say, leery of buying a house in which someone died -- even if it was of natural causes. We've come a long way, baby, but not in the supernatural realm, or so it would seem. In our modern era with our modern thinking, superstitions still abound. Ghosts are revered and feared and death ... well, no one wants to talk about that (you do know that no one gets out of here alive, right?).

During a recent broker tour of my local area of San Jose and Willow Glen we toured a house where two people had previously died. The first was a woman who died of natural causes. The second was her son who died from a heroine overdose in the garage. Knowing this in advance, a few of the Realtors were uncomfortable even going into the home. I walked around and used my best psychic abilities to feel something. Alas, I got no vibe.

I will confess, however that there have been homes that have given me a weird feeling. I once toured a 95 year old house that gave me (and another realtor) the creeps.

In California a death in the home is a material fact. It must be disclosed up front if the death was within the last 3 years. Additionally, if a buyer asks, the seller must disclose any death that took place in the home, even if it was hundreds of years ago. The second part of this law is somewhat irrelevant because it is unlikely that a seller will have the whole history of the house and the dirt under it spanning the beginning of time.

Cause of death is the tricky part. This is where I recommend that you put your realtor to work to talk with the neighbors about the house and the area. If there was a violent death in the home, it is likely that the neighbors will have all of the information you seek (and more). If the cause of death was A.I.D.S., that information is confidential and the seller will not be able to disclose the details. So, when a cause is not disclosed, and you have checked with the neighbors, you can take an educated guess it was A.I.D.S.

If you're planning to sell a house after a death occurred in the home there are three important things to keep in mind:

1. You’ve got to disclose it. This will save you from legal issues in the future. Remember: when in doubt: disclose! Your Realtor will know the best way to do make the information known.
2. Non-violent deaths typically cause a home to be on the market for a longer time than neighboring homes.
   
3. A violent death often results in a drastically reduced price and has been known to put homes into foreclosure.

Personally I think I'd be uncomfortable purchasing a house that someone had died in and I shyly admit, along with many of my buyers and colleagues, to being a bit superstitious ... How about you? Have you or would you purchase a home where someone died?