Sponsored article courtesy Shulman Rogers
October brings pumpkin spice lattes, front-porch skeletons, and a question nearly every local real estate agent faces at least once a year: Does a buyer have to be told about a crime or death that happened in a home?
According to Shulman Rogers attorney Erin August, who grew up in Montgomery County and practices in the firm’s Real Estate Department, the answer depends on which side of the District line the property sits on, and which side of the transaction you represent.
Maryland: No Duty to Disclose, With a Catch
On the surface, Maryland law is clear. Section 2-120 of the Real Property Article provides that a homicide, suicide, accidental death, natural death, or felony that occurred on a property is not a material fact or latent defect. Sellers and their agents are immune from civil liability or criminal penalty for not disclosing these events to a prospective buyer.
Section 17-322.1 of the Business Occupations and Professions Article backs this up: the Maryland Real Estate Commission cannot discipline a licensee for failing to disclose a death or felony on the property.
Here’s the catch for buyer’s agents. Section 2-120’s immunity only covers the owner and the seller’s agent. It does not extend to a buyer’s agent. If you represent the buyer and you know a homicide or felony occurred on the property, you may still face civil or criminal liability for not telling your client, even though the Commission won’t discipline you for it.
DC: A Similar Approach
The District takes a comparable stance. Under DC Code § 47-2853.198, a homicide, suicide, accidental death, natural death, or felony that occurred on a property is not considered a material fact.
Real estate licensees and property owners are not required to disclose these events to prospective buyers or tenants.
In practice, listing agents and sellers in DC can stay silent about a property’s history without legal consequence.
The Golden Rule: You Cannot Lie
Both jurisdictions agree on one thing: no one is ever authorized to lie. If a buyer or buyer’s agent asks, “Is this the house where that crime happened?” the answer cannot be “No” or “I don’t know” if the person actually knows. The laws remove the duty to volunteer information. They don’t give anyone permission to deceive.
So what should an agent say? The Maryland Real Estate Commission has informally suggested something along these lines: “If you have any questions regarding death or criminal activity occurring on the property, you should contact the local police department regarding such information.”
It’s not a comfortable sentence to deliver, but it balances legal protection with the ethical obligation not to mislead.
The Bottom Line
These laws exist so a home doesn’t become permanently unsellable because of a tragic event that has nothing to do with its physical condition. That’s a reasonable policy, but it still has sharp edges. For buyer’s agents in Maryland especially, the line between “no duty to disclose” and “potential liability” is thinner than a ghost’s shadow.
Read Erin August’s original article on the Shulman Rogers website: https://www.shulmanrogers.com/real-estate-legal-hotline-ghosts-crimes-and-contracts/
