What disclosure obligation applies to Josie, who lists a home of a deceased owner?

In real estate transactions, particularly in Indiana, agents have specific disclosure obligations, but these obligations can vary depending on the situation. When dealing with a property previously owned by a deceased person, the general rule is that the agent is not required to disclose knowledge of the death of the former owner. This guideline recognizes the privacy of the deceased and focuses the agent's disclosure responsibilities on material defects or issues that could impact the property's value or function.

The rationale behind this is that a death in the home does not inherently affect the physical condition of the property or any legal obligations relating to its sale. Consequently, Josie is not under any obligation to disclose the fact that a death occurred to potential buyers, making it permissible for her to keep that information private unless she has knowledge of a condition that could influence the buyers' decision to purchase the home.

While providing a sense of awareness regarding the home's history or potential paranormal activity might seem considerate, these aspects do not fall under the legal requirements for disclosure in most jurisdictions, including Indiana. Laws prioritize the disclosure of tangible issues related to the property itself as opposed to its past occupants' experiences.