Generally speaking, no, the vendor is under no such obligation. However, the real estate agent may be so obliged. Real estate agents are under an obligation to disclose “material facts” in relation to any property they are selling.
When it comes to real estate purchases in Australia, there is no uniform law, although states like Victoria and NSW do have legislation requiring agents to disclose “material facts”, including events such as murder that could affect a potential buyer's decision.
Simply put, you are not required to disclose her death to potential buyers. Sellers are required to disclose certain defects to potential buyers, but a death occurring in a home is not a defect.
If someone dies at home and it's an unexpected event, or you're unsure if they are dead or unconscious, call 000 immediately and explain the situation. If the person is under the care of a doctor or has a regular GP who can visit, phone the doctor and ask for him or her to visit as soon as possible.
You may need to ask us for information about the deceased person. It's important that anyone who got money or an asset from the estate and is a Centrelink customer tells us. They can tell us when they report their income and assets online.
The first thing you need to do is to get a doctor that lives nearby (or call for one from a hospital nearby) to come and confirm the death. It would be a good idea to find this doctor beforehand and inform them that you have a dying relative at home.
If the death was unexpected, you should dial 999 and ask for an ambulance and police immediately. You will be told what to do by the operator to establish whether you can try and resuscitate the person. The paramedics will carry out resuscitation or will confirm the death.
When someone dies at home, their GP should be called as soon as possible. The GP will normally visit the house and, if the death was expected, should be able to issue a certificate giving the cause of death.
The executor can deposit the deceased person's money, such as tax refunds or insurance proceeds, into this account. They can then use this money to pay the deceased person's debts and bills, and to distribute money to the beneficiaries of the estate. assets and property.
How Can a Death Affect Property Value? Non-natural deaths—such as a homicide or suicide—in a house can decrease the property's value by 10% to 25%, according to Randall Bell, an expert in real estate damage economics and valuation with Landmark Research Group LLC in Dana Point, California.
Generally speaking, no, the vendor is under no such obligation. However, the real estate agent may be so obliged. Real estate agents are under an obligation to disclose “material facts” in relation to any property they are selling.
Sellers have to disclose any occupants (ie boyfriend, grandparent), who should also sign the contract. Sellers must disclose any official letters that have been received. And it is advisable to disclose any planning matters relating to the house or the neighbourhood.
Most states require a seller to disclose issues such as structural problems, damp, insect infestation or fixtures and appliances that don't work, even if it's a common practice for buyers to get building inspection reports before making an offer.
There are no laws or legal rules about who must be notified about a death. However, if you are an executor or next of kin you may notify relatives or friends of the deceased person.
NSW Fair Trading guidelines
Examples given of what could be a material fact include whether the property has a current DA approval, whether it had water damage in the past, or if it was the scene of a serious crime during the current occupation.
They might close their eyes frequently or they might be half-open. Facial muscles may relax and the jaw can drop. Skin can become very pale. Breathing can alternate between loud rasping breaths and quiet breathing.
Visual or auditory hallucinations are often part of the dying experience. The appearance of family members or loved ones who have died is common. These visions are considered normal. The dying may turn their focus to “another world” and talk to people or see things that others do not see.
Even if you do not need probate you will need to have a copy of the death certificate for each asset holder, e.g. for each bank or building society where there are accounts, each pension or insurance policy.
One of the wildest innovations is “living funerals.” You can attend a dry run of your own funeral, complete with casket, mourners, funeral procession, etc. You can witness the lavish proceedings without having an “out-of-body” experience, just an “out-of-disposable-income” experience.
Cancel Or Transfer Utilities
If any utilities were in the deceased's name, such as electricity, gas, water, phone, cable, and Internet, these utilities should either be canceled or transferred to the name of a survivor.
In the days before death, a series of physiological changes will occur. Their pulmonary system will start to degrade and the will become congested, leading to a tell-tale “death rattle.” Their breathing will also exhibit fluctuations, as they may begin to respirate up to 50 times per minute or as little as six.
There is no legal upper limit to the amount of time you can keep a body at home. There are some choices that need to be made though and if you choose to lay out a body at home for an extended period, a funeral director can talk you through options for embalming and dressing your loved one.
But, in most cases, if it's an expected death, you're completely free to care for someone at home. You could do this for hours, days or even a week or more if that feels right. As long as the death is registered within five days, there isn't any rush to decide what to do next.
In most states, you're allowed to keep the body at home until the burial or cremation. The specific length of time allowed may vary from state to state, but generally, a few days is acceptable. Make sure you're aware of your state and local laws to avoid any legal issues during an already stressful and emotional time.