[JudyKayTee]

The situation is: purchaser hires inspector to check property prior to closing - no problems; sale goes through; Affidavit of full disclosure by seller - no defects; purchase closes, purchaser moves in, husband/wife/2 children.

Month later purchaser is talking to neighbor who comments that she thought there would be difficulty selling house because seller's husband was found dead in house after something like 2 days while wife out of town.

I think the legal term is "Purchaser freaks." :)

Purchaser now wants to set sale aside - claims damages (nervous, can't sleep, fearful, afraid to be alone in house, afraid for children's safety, believes in ghosts) and makes claim that substantial/important info was withheld, would not have purchased had they known. Thinks the inspector should have found this out which I think is ridiculous.

Seller's Attorney says, no, this is not substantial and this did not have to be disclosed AND the neighbor is the one to be sued.

Who knows why people do/say what they do and say... but I don't think (from what I have determined) that there was any malice on the part of the neighbor. I think it was just "idle" conversation. No allegation of foul play - sounds like husband had a heart attack. The neighbor (and, again, who knows) did make a statement that "that's why the rug had to be replaced" so to that extent only I question what was going on with the neighbor and why she would say that - ?

I'm not involved in this personally - it's a work situation. I don't have a side (I only seek out the facts/truth) but anyone have a thought or opinion? I'm pretty much finished with my part but I find this one pretty interesting!

Anyone?

(If this should be on discussion board, please move.)

[froggy7]

As long as there is no "residue" from the death left, then I think that the seller can't back out. (Having a dead body in the house for two days may leave some evidence that is hard to get rid of, and that might need to be disclosed. If there is no evidence left after cleaning, then no, I don't think it is a valid argument.)

However, there is the flip side. If this person truly believes in ghosts, then she should have done more research on the place before she bought it. I would have asked specifically, and got the answer written into the contract, myself.

[smearcase]

I don't see grounds for anybody doing anything to anybody else.

If there is an offensive odor in a house, you need to "sniff" it out before closing or its yours. Hidden defects are different but they are physical matters.

A large number of people die at home every day, and some aren't found right away. But I've never seen an ad "Great house but owner died there"

[Fr_Chuck]

As long as any hazzard waste from the dead body was cleaned up properly and/or there was none.

No merely a person dying in a property, even someone being killed in a home is not a item that has to be given notice of.