Question:In our quiet Paradise Valley neighborhood an elderly couple was murdered in their home several months ago. Our home is very close to their home. We want to sell our home now and our real estate agent has given us a seller’s property disclosure form. Do we have to disclose this tragedy in the seller’s property disclosure form?
Answer: Probably. The general rule is that any material and adverse fact relating to the value of the home must be disclosed. In other words “if it is material, it must be disclosed; if it is not material, why not disclose it?” Although most buyers would want to know that these murders had occurred in the neighborhood, very few buyers would not purchase a home for that reason. Note: Although Arizona law does not require disclosure by a seller or a real estate agent of a murder that occurred in the home, this law does not apply to a murder that occurred in the neighborhood.