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Ambassador
2,436,099
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

No, I really don't think it's imperative to disclose that a seller had Covid-19. Do we have to disclose when they have the flu? Or a cold? Or the measles? Or Parkinsons? Or Alzheimers?

Mar 30, 2020 06:45 PM
Rainmaker
787,902
Brian L. Sirota, Esq.
Bristar Realty (Realtor/Attorney) - Orange, CA
For Solutions: (714) 501-7660

Bob,

Absent a relevant statute, the issue is whether the disclosure is material to the buyer's decision.   To sustain a lawsuit to rescind the transaction, a buyer need only say, "Had I known, I would never have purchased this property."

I would suggest the question of whether a new homeowner would contract the virus from their new purchase is a bit of red herring.   There's a psychological component of whether it would creep out the buyer, much like a previous death in the home.

 

Mar 30, 2020 04:38 PM
Rainer
216,904
Sharon Altier
Coldwell Banker Realty - Elmhurst, IL
Luxury Property Specialist, CSC, SFR

I would think it would be prudent to shut down showings, if the Seller has COVID.  Very hard to ensure that everything was sterilized/cleaned before Buyers come into home.  I wouldn't want a Buyer suing a Seller or me, stating they were infected due to neglect.  Not sure if that could happen, but I don't trust the present situation; until we get through this a little more.  Only an opinion.....

If Seller is more than a few weeks past recovery, and home cleaned, I would not see any reason to disclose.  

Mar 30, 2020 03:39 PM
Ambassador
5,229,464
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

No.

Smart buyers will have their homes deep cleaned/disinfected when they purchase. No need for attorneys to resolve 'non-disclosure' cases!

According to a NY Pulmonologist, currently on the front lines, dealing with only COVID-19 patients, it is a 'wimp' bug that is quite easily killed with disinfectant. 

Mar 30, 2020 07:07 PM
Ambassador
2,684,009
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

No.

Mar 30, 2020 06:36 PM
Rainmaker
1,622,432
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

What Brian said ( ...).

But I'd 100% disclose these day,s if i knew that to be a fact.

 

p.s. When the virus is over (hopefully, sooooooon) , I do not believe it will be relevant. 

Mar 30, 2020 04:47 PM
Rainmaker
1,197,052
Peter Mohylsky, Beach Expert
PMI. Destin - Miramar Beach, FL
Call me at 850-517-7098

not at all.  but I am interested in watching this issue develop.  

Mar 30, 2020 02:53 PM
Rainmaker
2,390,165
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

No I do not think it will be mandatory Tony Lewis . It's not quite like a former meth house.

Mar 30, 2020 07:24 PM
Rainmaker
911,228
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

I doubt it.

Mar 30, 2020 06:05 PM
Rainmaker
805,799
Steve Higgins
RE/MAX Kelowna - Kelowna, BC

I would hope that home owner would be smart enough to hold all showings until they and the rest of the people living there were clear. 

Mar 30, 2020 05:55 PM
Rainmaker
4,160,276
John Pusa
Glendale, CA

Tony Lewis if ask must disclose, but in future maybe it might become a law.

Mar 30, 2020 03:46 PM
Rainmaker
2,781,123
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

Where does it end? Have you had: Flu, colds, fever, headache, aches, pains, fatigue....Let the buyer come in and clean it galore! Yes I will answer

Mar 30, 2020 03:31 PM
Rainer
415,550
Gary Meek
Living in Sacramento Team - Roseville, CA
(916) 995-9385

I do not think this is requied by law as of yet.  But we could easily expect something like it in the near future.

Mar 30, 2020 03:26 PM
Rainmaker
2,071,025
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL

I don't thihnk so.

Mar 30, 2020 03:23 PM
Rainmaker
643,975
Greg Large
ERA Real Solutions - Grove City, OH
A Tradition of Trust

I highly doubt it will be mandatory here as current information states it is killed with disinfectant and the method of transmission is via direct exposure to the virus, cannot begin to guess what happens in California.

Mar 30, 2020 02:59 PM
Rainmaker
711,752
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

Not in Oregon. Who knows with California.

Mar 30, 2020 02:47 PM
Rainmaker
921,504
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

NO.

Every agent should assume all houses are infected and act accordingly.

Disclosures should be banished in all forms. It is impossible to PROVE what you do not know.

Mar 31, 2020 05:36 AM
Rainmaker
1,311,377
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

At this point, it is not required other than to tell the truth if asked.

Yet...I can see a lawsuit on the horizon from a buyer who will try to undo the purchase after finding out the former occupants were infected with the Coronavirus..and survived.

Mar 30, 2020 08:45 PM
Rainmaker
1,502,898
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

I doubt Cali will go that crazy.

Mar 30, 2020 09:52 PM
Rainer
3,185
Haylee Christian
Keller Williams Elite, Inc - Oklahoma City, OK
Adding value to the Oklahoma City Metro area.

I am not sure if it will be mandatory. However, I think it is the right thing to do!

Apr 01, 2020 11:33 AM
Ambassador
3,344,906
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Good Heavens .... 

Mar 31, 2020 10:07 AM
Rainmaker
7,835,329
Roy Kelley
Retired - Gaithersburg, MD

Doubtful, but time will tell.

Mar 31, 2020 08:34 AM
Rainmaker
637,434
Hella M. Rothwell, Broker/Realtor®
Carmel by the Sea, CA
Rothwell Realty Inc. CA#01968433 Carmel-by-the-Sea

I understand they are protected the same as AIDS victums. Here, they won't give out names or locality if someone dies of COVID-19 if there is a chance they can be personally identified.

Mar 31, 2020 08:25 AM
Rainmaker
900,118
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

No, the virus doesn't linger that long. Even more severe trauma is not mandatory to be reported.

Mar 31, 2020 08:23 AM
Rainmaker
1,844,271
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

No

Mar 31, 2020 06:19 AM