Most homeowners in our area know they have to fill out a Property Condition Disclosure form when they are selling their home. And most people know that they are supposed to disclose any adverse facts about the home's physical structure, such as a past water leak or a problem with the foundation.
But occassionally agents and homeowners are faced with selling stigmatized properties - properties that have emotionally distressing histories. Stigmatized properties include homes where a violent crime has occurred or where a previous occupant was infected with HIV. So what do you have to disclose in these situations? According to Tenn. Code Ann. 66-5-207, real estate agents and homeowners do not have to voluntarily disclose
- Whether anyone who has ever lived in the home was infected by the HIV virus or "other disease which has been determined by medical evidence tobe highly unlikely to be transmitted through the occupancy of a dwellingplace."
- If a felony occurred on a the property.
- If a suicide occurred on the property.
- If a homicide occurred on the property.
According to the code, these are all things that would not affect the dwelling's physical structure, and therefore are not "property conditions" per se.
Even though homeowners do not have to disclose violent crimes in their property disclosures, their agents are required to honestly answer any questions potential buyers may have about such crimes having occurred in the home. If you want to know if a violent crime has occurred in a home that is for sale, try asking the listing agent directly. If you ask directly, and the agent has knowledge of such a crime, he or she is required to tell you.
The same is not true if you ask about HIV or AIDS. According to Realtor magazine:
"As part of its fair housing rules, the U.S. Department of Housing and Urban Development has said it's illegal for real estate professionals to make unsolicited disclosures that a current or former occupant of a home has AIDS, and advises practitioners not to respond to direct questions on this topic from buyers."
Oh, and rumor has it that we also do not have to disclose whether or not a home is haunted. Boo!
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