Orlando Real Estate, Orlando Buyers Agent, Orlando Homes, Orlando Buyers Broker

Is Murder a Material Fact in Home Buying?

Florida says no. In Florida, agents do not have to disclose a murder because as an attorney (name withheld) with the Florida Realtors says:

"Murder, suicide or another disturbing act is not a material fact"  


I disagree.  In fact, after 25 years of representing ONLY home buyers I vehemently disagree. I say that murder is a material fact, and should be labeled as such.

I also disagree with the attorney's newspaper opinion that "stigmatized properties are gaining popularity".  If they are popular, why then, do they sell for less?

For sure "murder or suicide homes" do sell for less and take longer to sell...unless no one has told the home buyer about it. I am sure that some agents would keep that a secret.


First of all what is a material fact?


A material fact in real estate is well-defined as a fact that, if known, might have caused a buyer of real estate to make a different decision with regards to considering buying a home or remaining in a contract or paying the same price.  It is a fact, that if known,would reasonably result in a homebuyer making a different decision. A material fact does not have to be something that you can see or touch. 


Home buyers with children will eliminate homes in school districts with "F" rated schools. Anyone selling real estate knows that homes with low school scores are always priced lower than communities with "A" rated schools. That is something that you cannot touch or feel, yet this material fact is usually a show-stopper for those with families. 


I can also say with certainty that the majority of my clients would not even be interested in viewing a home where a murder occured...and If I know about a murder or suicide, you better believe that I will tell everything I know.


The Florida Realtor attorney goes on to say "It (murder) is not seen as a physical aspect like the roof plumbing or foundation"  Of course not. A Material fact does not need to be only something physical.  It can be anything that makes the buyer uncomfortable enough to make them want to change their mind.  ANYTHING!  


Besides, I will bet money that most home buyers will accept a leaky roof over a family murder in the home.  A leak can be fixed.  A killing cannot be erased.


 I know from experience that my home buying clients would stay away from a murder house no differently than they would not want to build a home next to a lot that has a sink hole.


I also believe that as an Exclusive Buyers Agent I have the highest duty of trust for my clients.  I owe my buyers full disclosure along with my fiduciary duties of  total loyalty and confidentiality. IT IS MY JOB TO TELL MY BUYER CLIENTS EVERYTHING THAT MAY BE A TURNOFF TO THEM. (unless of course, that disclosure violates the law, which in this case it does not)


Seriously, homebuyers are lucky to find us and be able to trust that we will give them full disclosue. For no secrets call Buyers Broker of Florida 407-539-1053.


Subscribe to my blog

Representing ONLY the best interest of the Home Buyer...never the seller.

 Eve Alexander Orlando Buyers Agent


Comment balloon 4 commentsMike & Eve Alexander • February 17 2015 10:22AM
Is Murder a Material Fact in Home Buying?
Florida says no. In Florida, agents do not have to disclose a murder because as an attorney (name withheld ) with the Florida Realtors says: "Murder, suicide or another disturbing act is not a material fact" I disagree In fact,… more
How to lose $40, 000 on Orlando New Construction
It is easy to lose money on Orlando New Construction. Here are some grand ideas: Go alone. What do you need an agent for? Rely on yourself. You don't need an expert opinion. Trust the builders sales person, they smile so nicely. Don't hire… more
Orlando Flood Insurance misconceptions
Why need Flood Insurance in Orlando? The #1 disaster in the United states is flooding and Florida is no exception. Central Florida is in close proximity to waterways and yes, there are a lot of lakes. Heavy rains from Hurricanes and tropical… more
Should the Buyers Agent challange a short appraisal?
Central Florida real estate is bouncing back faster than any other area in Florida. Many times, comparables are lagging behind, which is causing some properties to not appraise for contract price. … more
Fake Buyers Agents
There are fake buyers agents among us… you know, the agents that like to use the label of "buyers agent" without the added responsibility that goes with it. Today home buyers are the ones suing the agent; sellers not so much. … more
What is Informed Consent in Real Estate?
What is REAL informed Consent in Real Estate? I cringe when I read comments from agents about how they give the buyer an exclusive representation agreement at the time of contract or a disclosure as to who they really represent… more
Is there such a thing as a PERFECT HOUSE?
Ok, let's talk about home buying reality… no fluff, no baloney, no blue sky… There is no such thing as a Perfect Home.. some are larger, smaller, unique, beautiful and upgraded. Others will have lavish pools and some even have breath… more
Real Orlando Buyer Agents don't farm a neighborhood…
http://www. orlandobuyersbroker. com/category/blog/ "Farming" a neighborhood means you plant your marketing seeds and work it for buyer and seller leads and promote yourself for future business. Orlando buyers agents do not "… more
Orlando Buyers Agent illegal or unethical?
Real Estate Agents, lets get real… Just because you do not like something an agent did, does not not make it "Illegal". Illegal means "breaking the law". Working with a buyer or even snatching a buyer away from… more
Orlando Real Estate up 24%
Orlando Real Estate: Orlando home prices climbed up 24% in 2013. Homebuyers that were sitting on the fence are now reconsidering… Orlando foreclosures and short sales have decreased while regular normal home sales increased 42%. Good… more