Today's Law As Amended


PDF |Add To My Favorites | print page

AB-73 Real property: disclosure.(2015-2016)



As Amends the Law Today
As Amends the Law on Sep 27, 2016


SECTION 1.

 Section 1710.2 of the Civil Code is amended to read:

1710.2.
 (a) (1) Subject to subdivision (d), an owner of real property or his or her agent, or any agent of a transferee of real property, is not required to disclose either of the following to the transferee, as these are not material facts that require disclosure:
(A) 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.
(B) That an occupant of that property was living with human immunodeficiency virus (HIV) or died from AIDS-related complications.
(2) As used in this section:
(A) “Agent” includes any person licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code.
(B) “Transferee” includes a purchaser, lessee, or renter of real property.
(3) No cause of action shall arise against an owner or his or her agent or any agent of a transferee for not disclosing facts pursuant to paragraph (1).
(b) It is the intent of the Legislature to occupy the field of regulation of disclosure related to either of the following:
(1) Deaths occurring upon real property.
(2) The HIV-positive status of a prior occupant 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) This section shall not 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.
SEC. 2.
 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to protect HIV and AIDS patients and the HIV/AIDS community from discrimination in real property transactions that may otherwise impose severe emotional distress, it is necessary for this act to take effect immediately.