Death In The Last 3 Years Disclosure

The information presented on this website is believed to be accurate, but may not be a complete representation of the law and is not to be considered as specific advice on your real estate transaction from a professional. Every real estate transaction is different, consult an appropriate professional for advice on your particular transaction.

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Disclosure Description:

Disclose if deemed "material".

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
State of California Department of Real Estate "Disclosures in Real Property Transactions" 6th Edition

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