Disclosing the occurrence of a homicide, suicide, natural death or felony…

I received an email this morning from a past client of mine who had a friend who was upset that she found out that a suicide occurred in the home she bought three months prior.  While I am sure that this topic has been covered in the past I felt that it was important enough to re-state. I have attached the specific language from the MAR website…

“Under Maryland law, neither a real estate licensee nor an owner of real property is required to disclose to a prospective purchaser or tenant that a homicide, suicide, natural death or felony occurred on the property. This law, of course, applies only to real property located in Maryland. The law specifically prohibits the Maryland Real Estate Commission from the commencement of disciplinary action against a licensee for failure to disclose to a prospective purchaser or tenant that a homicide, suicide, natural death or felony occurred on the property. Similarly, under the law, an owner or seller of real property and the owner’s or seller’s agents are immune from both civil or criminal liability for any failure to disclose such events to a prospective purchaser or tenant. If a homicide, suicide, natural death or felony has occurred on the property and a licensee is aware of such an occurrence, the issue as to whether the owner or seller should voluntarily authorize the licensee to disclose that fact should be candidly discussed at the time of the listing. In the event an owner or seller should authorize a licensee to voluntarily disclose such facts, it would be prudent for the licensee to obtain such authorization, in writing, signed by the owner or seller. For further reference, see Section 17-322.1 of the Business Occupations and Professions Article and Section 2-120 of the Real Property Article, Annotated Code of Maryland.”