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Death on the Property not a Material Fact.

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.

NOTE: IF your Buyer is concerned with a death on the property, you must ask the Seller/Agent in writing if such an event occurred. NO EXCEPTIONS.