Do I have to disclose a death in the house in New York?
Written and reviewed by Andrew Ragusa, Licensed Real Estate Broker and Broker of Record, REMI Realty LLC — 11+ years of transactions across Long Island, Brooklyn and Queens.
The short answer
Generally, no. Under New York Real Property Law § 443-a, the fact that a death occurred in a house is not treated as a material defect that a seller has to disclose.
A buyer can submit a written inquiry asking about it, and the seller can choose whether to respond. If you do respond, the answer has to be truthful. Nobody should ever lie to a buyer. If you have a specific question about your situation, review it with your real estate attorney before answering. I also touch on this in the Seller’s Playbook.