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View Full Version : Real Estate Broker disclosure obligations


quentin
Feb 6, 2006, 06:10 PM
In New York state, must a broker (or landlord) disclose that a deceased person's ashes are buried on the grounds (of a country house for rent)?

RickJ
Feb 7, 2006, 05:45 AM
The NY State Dept of Health (http://72.14.207.104/search?q=cache:h45pNyEJcbgJ:www.health.state.ny.us/nysdoh/consumer/patient/funeral.htm+%22new+york%22+AND+deceased+AND+ashes+ AND+permit+OR+allow&hl=en&gl=us&ct=clnk&cd=4) says
"You may also dispose of the cremains in any manner that complies with local health department or other regulations."
... so legally, it's a local issue.

I couldn't find an answer addressing whether an owner or agent is required to disclose, but my R/E knowledge leads me to think "No"

Even if someone "broke the law" in burying them there, I don't see that a case could be made that it's knowledge would affect the transaction; That is, be a detriment that a new owner needs to be aware of.

If you don't get a firmer answer, try the NY City Dept of Consumer Affairs. They've got some info here (http://72.14.207.104/search?q=cache:Fvlp1GWlAcEJ:www.nyc.gov/html/dca/downloads/pdf/funeral_planning.pdf+%22new+york%22+AND+deceased+A ND+ashes+AND+permit+OR+allow&hl=en&gl=us&ct=clnk&cd=6), but don't say what is acceptable for ashes.