I was asked recently whether a seller would be required to disclose if someone had died in the home.  In the State of Tennessee, the answer is “no”.  The Tennessee Residential Property Condition Disclosure states:

Sellers are not required to disclose whether any occupant was HIV-positive, or had any other disease not likely to be transmitted by occupying a home, or whether the home had been the site of a homicide, suicide or felony, or act or occurrence which had no effect on the physical structure of the property.

Whether by natural cause, murder or suicide, death does not affect the structure of the home.  However, one might argue that the required disclosures for “any encroachment, easement, or similar items that may affect your ownership interest in the property” or “neighborhood noise problems or other nuisances” might be a good time to mention any haints hanging around.  But I’d speak with an attorney before making that decision! 

Oddly enough, in other states, the “presence of a ghost” or a checkered past of murder and mystery actually increases the value of the home.  In some New England states, having a ghost is in vogue! As is owning the home of a murdered movie star in parts of California.  Because there is no accounting for “taste”, the disclosure laws regarding these items do vary from state-to-state. Thankfully, the State of Tennessee does its best to remove any discrimination or superstition from the house purchasing process! 

Although felonies occurring on  the property are not required to be disclosed, methamphetamine stored or manufactured on the property most definitely is. 

With all this said, the key word is “required” — although a seller is not required to disclose these items, if it is something you feel strongly about, by all means ask.  The seller may have a really good story to tell!

Lastly — GET A HOME INSPECTION!  It will undoubtedly be the best money you spend when purchasing a home!

Disclaimer:  You know the spiel — I am not an attorney nor do I play one on TV.  You should seek the advice of an attorney on any legal questions regarding any offers, contracts, issues relating to title or ownership to property or any other matters of concerns.