theft of stager stuff before sale

A day before our house went on the market, someone stole the stagers rug and some vases and wineglasses out of the home.
Is this something we need to put in the disclosures?
We live in California.

Asked on February 17, 2019 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, it is not. You only need to affirmatively or actively disclose conditions with the property itself, not things that happened at the property. If the theft resulted in a damaged door or alarm system, if you did not fix them, you'd have to disclose the damage, but you don't need to disclose the theft itself, the same as there is no need to disclose if anyone ever died in a house.
However, while there is no need to volunteer the information, you cannot lie: IF specifically asked by a prospective buyer about crimes or thefts at the house, you'd have to answer truthfully. Failing to truthfully answer about things you are aware of when asked about them would be fraud.


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