Death in the House - must it be disclosed?

The question comes up more often than most sellers expect: If someone died in the house, does the law require you to tell the buyer?

In Virginia, the answer depends entirely on how the person died.

**Violent or Criminal Deaths Trigger Mandatory Disclosure**

Under Virginia Code § 55.1-703, any death that occurs as the result of a felony — including murder, manslaughter, or a violent suicide — transforms the property into what the industry calls a “psychologically impacted” or stigmatized property. State law classifies these events as material facts that can reasonably affect a buyer’s decision or the home’s value. Sellers and their agents are required to disclose them proactively, even if the buyer never asks.

**Natural Deaths and Non-Violent Accidents Are Treated Differently**

Deaths from illness, old age, or non-criminal accidents (such as a fall or medical emergency) do not fall under the mandatory-disclosure umbrella in Virginia. Sellers have no legal duty to volunteer the information unless the buyer specifically inquires. Once the question is asked, however, truthful disclosure is required; evasion or misrepresentation can expose the seller to civil liability.

**State-by-State Variation Remains Significant**

Virginia is one of roughly half the states that do not require disclosure of non-violent deaths. Jurisdictions such as California, Alaska, and South Dakota impose broader “death disclosure” rules, while others align with Virginia’s narrower approach.

For a comprehensive 50-state chart on death-disclosure requirements, the National Association of Realtors maintains an updated reference at nar.realtor/stigmatized-property-laws (last revised October 2025).

Real estate attorneys recommend that sellers document any disclosure conversations in writing and consult counsel when the circumstances fall into a gray area. As one Richmond broker put it: “Most buyers just want honesty. The ones who sue are usually the ones who feel blindsided.”

HAVE YOU EVER HAD A CLIENT DIE IN A HOUSE (OR RATHER - DID SOMEONE LIST THEIR HOUSE WITH YOU YOU WHO'S FAMILY MEMBER DIED IN THE HOUSE?)

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