Halloween Edition: Legal Duties When Selling “Murder Houses”
October 10, 2025 | Nafiz M. Ahmed
Halloween is supposed to be a time for ghost stories, haunted houses, and the thrill of the unknown. That said, when you’re the one selling the supposed “haunted” home, things can get complicated fast. California’s real estate disclosure laws are among the strictest in the nation, and they sometimes require sellers to reveal whether something truly frightening (like a murder or suicide) has taken place in the property.
If you’re preparing to sell a home with a dark past, here’s what you need to know before putting up the “For Sale” sign. And, if you or a loved one is facing any charges in a related legal matter, a criminal defense lawyer can help you respond effectively.
What Counts as a “Murder House”?
A “murder house” is any property where a violent death, homicide, or suicide has occurred. These homes are also called stigmatized properties, meaning real estate that carries a psychological stigma rather than a physical defect. While some buyers don’t mind, others may be unwilling to live somewhere tied to tragedy.
A home’s reputation can affect its market value; as a result, sellers in California have a legal duty to disclose certain facts that could influence a buyer’s decision. Failing to do so could expose you to a lawsuit long after the sale closes.
California’s Disclosure Law: Deaths Within Three Years
California is one of the few states that directly addresses this issue in its real estate statutes. Under California Civil Code § 1710.2, a seller (or their agent) must disclose any death on the property that occurred within the past three years.
This information must be shared in writing, typically through a Transfer Disclosure Statement (TDS) or other official disclosure form.
However, if the death occurred more than three years ago, California law does not require disclosure unless the buyer specifically asks about it. In that case, the seller must answer honestly.
Exceptions and Privacy Considerations
The statute also contains a privacy protection clause: sellers and agents cannot disclose if a former occupant had HIV or AIDS, as this would violate federal and state privacy laws.
Beyond that, sellers must be careful not to make false or misleading statements about the home’s history. If a buyer asks a direct question, such as, “Has anyone ever been killed here?”, the seller cannot lie or intentionally withhold the truth. Doing so could lead to civil liability for fraud or misrepresentation.
The Importance of Disclosure
Although disclosing a tragic history can make a property harder to sell, transparency can prevent legal headaches later. Buyers who discover undisclosed facts after closing may sue for rescission (to undo the sale) or for damages if they can prove they were misled.
Disclosing a home’s violent past upfront also helps establish trust and may even attract niche buyers who find the history interesting rather than alarming. It’s often better to face the issue directly than risk being accused of hiding it.
Contact the San Jose Criminal Defense Lawyers at Ahmed & Sukaram, Criminal Defense Attorneys for Help Today
Selling a “murder house” might sound like the plot of a Halloween horror movie. However, in the State of California, it’s a real legal issue. The state’s disclosure laws demand transparency for deaths within three years, in addition to honesty for anything older that a buyer asks about.
If you’re unsure how to handle your home’s history or have been charged with a related crime, consider reaching out to Ahmed & Sukaram, Criminal Defense Attorneys for help. Our San Jose criminal defense attorneys can set you up for as favorable an outcome and future as possible. Contact us today for a confidential consultation.
For more information, please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500