Question:
Does a suicide in the unit have to be disclosed by the seller? Or is it a buyer beware type of situation?
Answer:
The law does not require the Seller to disclose this information.
Under the Code of Ethics, the disclosure is to your OWN client (or Customer), not the OTHER side in the deal.
This means that the Listing agent tells the Seller (yes, I know, they already know). The Buyer’s agent tells the Buyer.
The Listing agent is obligated to follow the Seller’s instructions. If they say “don’t tell”. Then, the Listing agent is obligated to follow those instructions. If the Buyer’s agent asks, then the Listing agent cannot lie, they simply respond “I am not authorized to answer that question”. So, the Buyer’s agent will have to be alert enough to investigate further if they really need to know.
Brian Madigan LL.B., Broker