Quick Answer
No. In Pennsylvania, you do not have to disclose a death in a house when selling. The state Supreme Court ruled that deaths, murders, and suicides are not “material defects.” Sellers can stay quiet. But if a buyer asks directly, you cannot lie. You must answer truthfully or say you are not at liberty to answer.
What Pennsylvania Law Says About Death Disclosure
Pennsylvania does not require sellers to tell buyers about deaths in a home. This includes:
- Natural deaths
- Suicides
- Murders
- Other tragic events
The court calls these “psychological stigmas.” They are not the same as physical problems like a cracked foundation or a leaky roof. So they do not have to be disclosed.
The Milliken v. Jacono Ruling (2014)
In 2014, the Pennsylvania Supreme Court decided a famous case. A buyer learned after closing that a murder-suicide had happened in the home. She sued. The court ruled for the seller.
Key points from the ruling:
- Deaths and tragedies are not material defects under state law
- Material defects are things like structural damage, legal issues, or hazardous materials
- Psychological stigmas do not require disclosure
- Sellers are not required to volunteer this information
The court said defining which tragic events must be disclosed would be nearly impossible. So Pennsylvania does not require it.
When You Must Tell the Truth
You do not have to bring it up. But if a buyer or their agent asks, you have two choices:
- Answer yes (with your seller’s consent)
- Say you are not at liberty to answer
You cannot lie and say “no” if a death did occur. That is fraud. It can lead to lawsuits and contract cancellation.
Summary:
- No duty to volunteer
- Must tell the truth if asked
- Cannot give a false answer
What Buyers Should Do
If you are buying a home in Pennsylvania and care about a property’s history:
- Ask directly. Sellers and agents are not required to tell you unless you ask.
- Put it in writing. If the seller says no death occurred, get that in writing.
- Do your own research. Search the address online. Check local news. Talk to neighbors.
- Work with an agent. A good buyer’s agent will help you ask the right questions.
What Sellers Should Do
If you are selling a home where a death occurred:
- Talk to your agent. Decide together whether to disclose or not.
- Know the law. You are not required to volunteer the information.
- Be ready if asked. If a buyer asks, you must answer truthfully or decline to answer.
- Consider disclosure anyway. Some sellers choose to tell buyers up front. It can build trust and avoid problems later. Also consider disclosing security cameras when selling.
Stigmatized Property: What It Means
A “stigmatized property” is a home that has a psychological impact from a past event. It has no physical damage. Examples include:
- Murder or suicide in the home
- Alleged hauntings
- A notorious prior owner
- A well-known crime scene
Different buyers feel differently. Some avoid these homes. Others do not care. Some even seek them out. Pennsylvania law does not require disclosure of stigmatizing events.
Frequently Asked Questions
Do you have to disclose a death in a house in Pennsylvania?
No. Pennsylvania does not require sellers to disclose deaths, murders, or suicides. They are not considered material defects.
What happens if a buyer asks if someone died in the house?
You must tell the truth. You can say yes (with the seller’s consent) or say you are not at liberty to answer. You cannot lie and say no.
Is a death in a house a material defect in Pennsylvania?
No. The Pennsylvania Supreme Court ruled that deaths and tragedies are psychological stigmas, not material defects. Material defects are physical, legal, or hazardous issues.
Can I sue if I bought a house and later found out someone died there?
In Pennsylvania, courts have ruled that non-disclosure of a death is not grounds for a lawsuit. The seller had no duty to disclose. If the seller lied when asked, that could be different.
How can I find out if someone died in a house I want to buy?
Ask the seller or listing agent directly. Search the address online. Check local newspapers and police records. Talk to neighbors.
Do other states require death disclosure?
Yes. Some states do. California requires disclosure of deaths within the last 3 years. Alaska and South Dakota have rules too. Pennsylvania does not.
What is Milliken v. Jacono?
It is the 2014 Pennsylvania Supreme Court case that ruled sellers do not have to disclose murders, suicides, or other stigmatizing events. Death is not a material defect.
Conclusion: Your Action Steps
If you are selling a home in Pennsylvania:
- Know the law. You do not have to disclose a death. But you cannot lie if asked.
- Talk to your agent. Decide together how to handle the topic.
- Be honest if asked. Answer truthfully or decline to answer.
- Consider voluntary disclosure. Some sellers choose to tell buyers. It can prevent problems.
If you are buying a home in Pennsylvania:
- Ask if it matters to you. Sellers will not volunteer the information.
- Get answers in writing when possible.
- Research the property. Search online. Talk to neighbors.
- Work with a buyer’s agent who can help you ask the right questions.
Pennsylvania gives sellers the choice. Buyers who care must ask. When in doubt, talk to a licensed real estate agent or attorney.
