In 2018, a lady bought a house in Joliette. After moving in, she learns that there was a suicide there in the past. Malaise, chills and fear… Was the seller obliged to inform him of this macabre event?
This lady found out about it completely by chance from her neighbors. In October 1990, a woman hanged herself in the laundry room. For the seller, the tragedy had no impact on the value of the home. This was not an important element for him when he became the owner.
to report deaths
Anyone selling a building with the help of an agent must disclose a violent death or suicide before the transaction. She is obliged to fill out the declarations of the seller of the construction property when signing the brokerage agreement. And in this form, a clause specifies whether a suicide or a violent death has occurred in the house.
In the event that the sale takes place without an agent, as was the case with the seller in our story, there is no legal obligation to mention these elements. If anyone asks questions or expresses concerns about this, the owner must respond honestly without hesitation.
The owner also needs to be honest if they want to address the issue themselves. For example, he can fill out the form even if he is not obliged to do so. The seller in our story decided to do just that.
Although he was obliged to be honest, the gentleman replied that no suicide had occurred. He then says that he was not informed. The information was rejected during questioning when the court heard he had discussed the incident with a neighbour.
The judge concludes that the seller misled the buyer with bad intentions. In law we call this fraud. The gentleman had to pay the new owner $10,000 in damages.
In addition to paying a sum of money, in the event of deception, depending on the facts of the case and appropriate measures, the court can also decide to cancel the purchase contract or order repairs to be carried out at the seller’s expense.
What if we don’t know anything?
A different decision, a different result. In 2015, the court considered a similar situation: a couple bought a house before learning that a suicide had occurred years before. The seller also completed the property seller’s statements and answered negatively to the question about violent death or suicide.
Important fact: The seller was never informed of the suicide. He found out about the incident when buyers contacted him.
The court concluded that the seller’s good faith was not in doubt and rejected the couple’s claim for damages.
Although these two stories lead to different conclusions, it is better to be honest than to hide the dirty events!
Informative text – This text does not constitute legal advice; It is recommended that you consult a lawyer or notary for such an opinion. Éducaloi is a non-profit organization whose mission is to inform Quebecers in clear language about their rights and responsibilities.