Saturday, January 14, 2017

New California Update Law Disclosures on Death


Keeping you informed

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, occurring more than three years prior to 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.  

Jim W Hildreth-Mediator