Disclosures
Death of Occupant Rule Clarified Effective 9/25/16
The existing law concerning disclosure of death of an
occupant is clarified to say that the death of an occupant, or the manner of
death, within three years of an offer to purchase is not a material fact which requires disclosure.
This law clarifies that an owner or his or her agent, or the
selling agent are not required to disclose the death of an occupant upon the
real property or the manner of death where it occurred more than three years
prior to the offer to purchase or rent, since it is not a material fact.
Previously, the law only stated that no cause of action could arise for failing
to disclose such.
Additionally, this law clarifies that no disclosure is
required where an occupant of that property was living with human
immunodeficiency virus (HIV) or died from AIDS-related complications. AB 73
codified as Civil Code § 1710.2. Urgency law to take effect September 25, 2016.
California
Civil Code Section 1710.2
1710.2. (a)
No cause of action arises against an owner of real property or his or her
agent, or any agent of a transferee of real property, for the failure to
disclose to the transferee the occurrence of an occupant s death upon the real
property or the manner of death where the death has occurred more than three
years prior to the date the transferee offers to purchase, lease, or rent the
real property, or that an occupant of that property was afflicted with, or died
from, Human T-Lymphotropic Virus Type III/Lymphadenopathy-Associated Virus. As
used in this section, agent includes any person licensed pursuant to Part 1
(commencing with Section 10000) of Division 4 of the Business and Professions
Code. As used in this section, transferee includes a purchaser, lessee, or
renter of real property.
(b)
It is the intention of the Legislature to occupy the field of regulation of
disclosure related to deaths occurring upon real property and of AIDS in
situations affecting the transfer of real property or any estate or interest in
real property.
(c)
This section shall not be construed to alter the law relating to disclosure
pertaining to any other physical or mental condition or disease, and this
section shall not relieve any owner or agent of any obligation to disclose the
physical condition of the premises.
(d)
Nothing in this section shall be construed to immunize an owner or his or her
agent from making an intentional misrepresentation in response to a direct
inquiry from a transferee or a prospective transferee of real property, concerning
deaths on the real property.