Recourse against seller for not disclosing murder?

[rocketgirl]

What is the name of your state (only U.S. law)? Florida

I just bought a home that was the scene of a disgusting and gruesome murder a few years ago, but I didn't know about it when I closed on the house. After I found out from neighbors I contacted the seller's agent who admitted he and the seller knew about the murder and did not disclose it. I don't feel comfortable in this house and want to know if I have any legal recourse against the seller and/or his agent.

 

[JETX]

What is the name of your state (only U.S. law)? Florida

I just bought a home that was the scene of a disgusting and gruesome murder a few years ago, but I didn't know about it when I closed on the house. After I found out from neighbors I contacted the seller's agent who admitted he and the seller knew about the murder and did not disclose it. I don't feel comfortable in this house and want to know if I have any legal recourse against the seller and/or his agent.

Florida only requires disclosure of MATERIAL issues. Prior criminal acts (especially several years prior) are not material.
Here is a link to a Florida Disclosure form.... and no reference to your concern:
http://hometerra.com/disclosures/FARForms/Seller's Disclosure.pdf

 

[nextwife]

Actually, they may be prohibited from bringing up matters that do not MATERIALLY affect the property yet adversely impact THEIR client's sale price.

 

[angelou]

I don't think they have to tell you about the incidents that occured in your property.

To put your heart and mind at ease, you should have a home warming party and invite your priest/pastor to come and bless your new home (he/she will charge you most likely). Do this maybe once every 5 years or more often if you need.

The other option will be to sell the house and let your realtor do all the paperwork so that you don't have to face the new owners.

 

[FlyingRon]

Just be sure to pay them for the service or you'll get re-possessed.

 

[HUD-1]

repossessed lol.... OP, did you inquire about this during negotiations? If so, many states then bump this issue to a material issue. ie. if you took the time to put a request about past crimes/suicides at the home in writing, then it becomes material.

 

[VaGirl]

Call the Real Estate Commission and they will be able to tell you off the top of their head.

I used to be a licensed agent in North Carolina. NC also has a property disclosure statement, however, the questions of a violent death is not part of the disclosure HOWEVER the sellers are required to disclose it.

You need to see if your state has something similar. If that is the case, then the burden of proof falls on both the seller and the agent that you were informed, and you'll have case.

Trust me, won't take you more than 10 minutes to find out as such things are part of the state-guided licensing curriculum.

 

[HomeGuru]

Who you gonna call?

 

[TimStudiesLaw]

Who you gonna call?

No you didn't.

 

[rowz]

if the crime was particularly gruesome and notorious, perhaps doing house tours could help defray the costs of your discontent.

"Muderbilia" is a big thing these days.