A Murder, a Listing, and a Legal Question
Reading Time: 3 minutes
When stigma impacts safety, it’s no longer optional to disclose — it’s a legal obligation.
Some of you might’ve already seen it — there’s a listing for sale in the GTA that’s getting a lot of unwanted attention.
In this house, two female relatives were found dead. The suspect (also a relative) is wanted for second-degree murder and is still at large in the area.
Yeah… not exactly your usual Friday morning coffee read.
But when I pulled up the MLS listing, I saw an interesting lesson here about disclosure of stigma.
Stigma refers to a reputational issue that may affect how people perceive or value a property.
As listing agents, there’s generally no obligation to disclose stigma.
And a murder — as awful as that sounds — usually falls under the definition of stigma.
The only obligation is to disclose latent defects — issues that aren’t visible and could make the property dangerous or unfit to live in.
But if you pull up the MLS listing for the property I mentioned above, you’ll notice the agents disclosed everything in the brokerage remarks.
So, why did they disclose?
Maybe it was to be transparent. Get ahead of the media buzz. Probably a smart marketing move.
But in my opinion, there's a legal obligation.
And that's because in this case, the stigma might actually cross the line into being a latent defect.
Why? Because the suspect hasn’t been caught.
There’s a real possibility of ongoing danger to anyone living there — that’s no longer just a reputational issue.
That’s a potential safety issue. And that changes everything.
We saw a similar situation play out with an NBA All-Star last year — the seller failed to disclose a known safety concern, and the court sided with the buyer.
That case reinforced how important it is to think carefully about what might be considered a latent defect vs. stigma, especially when safety is involved.
At the end of the day, this is a good reminder.
What feels like “just stigma” can quickly become a disclosure obligation — especially when safety’s on the line.
Zachary Soccio-Marandola
Real Estate Lawyer
Direct: (647) 797-6881
Email: zachary@socciomarandola.com
Website: socciomarandola.com
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