Legal Question in Real Estate Law in California
I recently purchased a house in California and found out that a suicide took place in the house. The seller failed to disclose this fact. What is my recourse?
Thank you!
2 Answers from Attorneys
It may depend upon how long ago the suicide occurred. California Civil Code section 1710.2 says that suicides, etc. that occurred more than three years before an offer to buy is made need not be disclosed. However, if the buyer asks specifically about suicides before the three year period, the seller must answer truthfully. If the suicide was within the three-year mandatory disclosure period, the buyer has recorse to sue, but the damages that can be recovered are limited to the money difference in value resulting from the suicide, e.g., notoriety for the most part. Even a recent suicide probably doesn't diminish the property value sufficiently to warrant a suit for damages unless the circumstances were especially gruesome.
Can you prove the seller and seller's agent knew of the suicide?