| No
cause of action arises against an owner or the owner’s
agent (or any cooperating agent) when selling, leasing,
or renting real property and 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).
Note that the 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. Further, the statute will
not protect the owner or agent(s) from misrepresentation
if the buyer asks a direct question concerning deaths
occurring on the real property.
Civil Code Section 1710.2
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