Question:
Death in a pool – Technically not in the house but on the property.
Does it need to be disclosed if it was not asked?
Answer:
Generally, the answer would be “no” it does not require disclosure. It’s a stigma and not a defect.
However, there are certain pools which had an inside lip around the perimeter inside the pool about 6 to 8 inches in width about 3 feet below the surface. It really couldn’t be seen very well but could cause injuries. These would be much older pools. They don’t make them anymore. But, there were several Court cases. They were usually cement pools but not gunite pools as well as vinyl liner pools. I would classify those as a defect which would be dangerous and require disclosure. As noted already the stigma associated with a death need not be disclosed. The defence in the Court cases was to describe this as a “safety ledge” but the Judge didn’t buy it.
Brian Madigan LL.B. Broker