Unless you buy a brand-new property, it is entirely possible that a former owner or others once died in the home. Even then, with the high concentration of indigenous ancestors buried in southern Arizona, the land on which homes are built could be prehistoric graveyards.
As Tucson is our state’s oldest incorporated city, there are plenty of old properties with storied histories. So, what do the laws say about disclosing any known deaths on the property?
In Arizona, it’s caveat emptor
When it comes to certain real estate disclosures, Arizona is very much a “let the buyer beware” state. While some states have very strict rules about disclosing deaths that have occurred on properties for sale, Arizona law states the following:
There is no administrative, civil or criminal penalty against sellers who don’t disclose that a property was or is:
- Occupied/owned by someone who had AIDS or was HIV+ or the carrier of any other disease that is nontransmissible via occupancy
- The location of a felony crime, including homicides
- Site of a suicide or natural death
- Within proximity of a convicted sex offender
Furthermore, should that information come to light after the buyer has purchased the property, the above nondisclosures are not grounds for sale rescission or lease termination.
What this means in practical terms
For some buyers, the fact that a crime or death happened within the walls of a property doesn’t matter. They consider their occupancy to be a clean slate on which they’ll write their own family’s history.
However, Arizona sellers still must disclose any known flaws existing on their properties. But sellers are also encouraged to make sure they do their due diligence researching properties before entering into any purchase agreements.
