Purchasing fire damaged property where someone died?

Viewing 7 posts - 1 through 7 (of 7 total)

veseli
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@veseli
Join Date: 2011
Post Count: 33
October 14, 2011 - 11:55 am
Hi Everyone,
I want to buy this property thats been damaged inside by fire, and person died when accident happened. This doesn't concern me as much, now the agent told me about this and he said they must tell everyone because thats the regulation that they have to follow.
My question is, will i have to disclose this in sale that someone died, when i renovate the house and put it back on the market?
Agent told me that i don't have to, but i want to confirm this?
Property is in NSW.
Scott No Mates
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@scott-no-mates
Join Date: 2005
Post Count: 3,856
October 14, 2011 - 12:34 pm
There is a requirement to disclose violence/death etc where it has occurred in the last 5 years (might check with fair trading or read the Property Stock & Business Agents Act NSW).
veseli
Member
@veseli
Join Date: 2011
Post Count: 33
October 14, 2011 - 10:23 pm
Thanks Scott,
Yes i am aware that law exist for stigmatized properties, but its unclear as how long this lasts on the property, i mean it cant be 100yrs
Fair Trading has an article about this but all they talk about is Agents and licenced practisioners, no where they said how long this should be mentioned to the new buyers, and also they haven't mentioned private sale. I understand Agents can be fined and loose licence, but what if i sell it privately and don't disclose it, that Act is for Agents only.
I read Property Stock & Business Agents Act NSW). and all they said that it must be disclosed to the buyers, again there is no mention about how many years after the death occurred, or if it makes a difference if its private sale.
Any thoughts on this…
Jamie Moore
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@jamie-m
Join Date: 2010
Post Count: 5,069
October 15, 2011 - 12:42 pm
veseli wrote:
Any thoughts on this…
My thoughts are that it's morally wrong. You have to draw the line somewhere. Even if there is a loophole in the law – profiting from this situation is (in my opinion) not right.
Cheers
Jamie
Jamie Moore | Pass Go Home Loans Pty Ltd
http://www.passgo.com.au
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veseli
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@veseli
Join Date: 2011
Post Count: 33
October 15, 2011 - 9:45 pm
Jamie i disagree
I'm not looking for any loop holes, all i wanted is right information so i know if i should buy this property or not.
I don't want to buy the property and then be stuck with it. Deaths and accidents happen everyday, and how do you know that the house you are living in hasn't been a crime scene before?
wisepearl
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@wisepearl
Join Date: 2009
Post Count: 264
October 17, 2011 - 9:36 am
This post intrigues me as I’ve just put an offer on a burned house also, though as far as I’m aware there were no injuries resulting from the fire. I had been wondering if I would have to disclose post-reno when its on the market again that it had suffered a fire. My theory was if its passed ther structural engineers report, been repaired by a builder, rewired by qualified electrician, and brought back to top condition that it would not be disclosed. Is there a law in WA that says I would need to disclose it?
Veseli, good luck on the project! Good to see someone else out there going down this road, would be very interesting to compare notes…
veseli
Member
@veseli
Join Date: 2011
Post Count: 33
October 17, 2011 - 9:43 am
No wisepearl, if there was no deaths you don't have to disclose anything to the new purchaser.
If there was death or was a crime scene before it must be disclosed by Agents if they are aware of it.
However the law is very funny sometimes and leaves so many unanswered questions.