Does a Real Estate Agent have to Disclose a Death in a Property when it’s for Sale?

If someone has died in your property and you want to sell it, in Queensland there is no express statutory requirement for your real estate agent to disclose that a death occurred in the property. You are not required to disclose a death in the property as part of your Seller Disclosure Statement.  

However, your real estate agent must avoid making false or misleading representations, including through the wilful concealment of material facts to any potential buyer.

Whether a death that occurred in your property constitutes a "material fact" requiring disclosure depends on the circumstances, including whether the death would significantly influence a reasonable buyer's decision to purchase the property.  If the potential buyer asks the real estate agent if anyone has died in the property they must answer this question truthfully.  

Whether a death in the property will affect a buyer’s decision is a very subjective issue and will come down to the specific circumstances. For example, a person passing away peacefully from old age is a very different scenario from a brutal murder.? A buyer’s decision may also be impacted by how long ago the death occurred and their cultural beliefs.? So if your real estate agent considers that the death that occurred in your property is deemed material, then they may disclose it to a potential buyer.