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California Civil Code Section 1710.2

Legal Research Home > California Laws > Civil Code > 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.

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Last modified: March 17, 2014