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No Disclosure Required for Manner/Occurrence of Death; Affliction of Occupant with Aids

No cause of action arises against an owner or the owner’s broker/agent (or any cooperating broker/agent) when selling, leasing, or renting real property for failing to disclose to the buyer, lessee, or renter the following:


• the manner or occurrence of an occupant’s death upon the real property if the death
occurred more than 3 years prior to the transferee’s offer to purchase, lease, or rent the
property; or
• that an occupant of the property was afflicted with, or died from, Acquired Immune
Deficiency Syndrome (AIDS).

This controlling statute does not change the law relating to disclosure of any other
physical or mental condition or disease of an occupant or the physical condition of the
property. If the buyer asks a direct question concerning deaths occurring on the real
property, this statute will not protect the owner or broker(s)/agent(s) from
misrepresentations.

(CAL. CIV. § 1710.2)

 

©Pete Saxon Realty 2009
California DRE #00642780