AB 73: Real property: disclosure.

Existing law requires certain disclosures to be made upon the transfer of residential property and prescribes the manner and form of the disclosures. Existing law provides that no cause of action arises against a real property owner or agent, or any agent of a transferee of real property, for the failure to disclose to the transferee the occurrence of an occupants death upon the real property, as specified, or that an occupant of that property had or died from Human T-Lymphotropic Virus Type III/Lymphadenopathy-Associated Virus. Existing law declares the Legislatures intent 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.

This bill would revise the above provisions to provide that the owner of real property, his or her agent, or an agent of a transferee of real property is not required to disclose the occurrence or manner of death of an occupant, as specified, or that an occupant of the property was living with human immunodeficiency virus (HIV) or died from AIDS-related complications. The bill would also delete the reference to AIDS from the declaration of legislative intent and instead refer to the HIV-positive status of a prior occupant in situations affecting the transfer of real property or any estate or interest in real property.

This bill would declare that it is to take effect immediately as an urgency statute.