DOES AN ESTATE AGENT HAVE A DUTY TO DISCLOSE A MURDER OR SUICIDE WHEN SELLING OR LEASING A PROPERTY?

In terms of the Estate Agency Affairs Board’s Code of Conduct, an estate agent is compelled to disclose all facts which are, or should reasonably be, within his or her personal knowledge and which are or could be material to the prospective buyer or tenant.

In order to determinate whether a specific possible defect to a property should be disclosed, regard should be given to the facts of the matter and tested against the above duty to disclose.

The estate agent, as agent on behalf of a seller, should have actual knowledge of factors influencing the property as conveyed by the seller/landlord and as specialist in their field they should do the necessary research relating to a property.  Furthermore, the agent must disclose any material fact and for that matter any fact that might be material to the purchaser/tenant.

Tested against the above requirement set out in the Code of Conduct, an estate agent will be required to convey a murder or suicide (as an adverse property condition) to the prospective purchasers or tenants.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)