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This entry was published on 2014-09-22
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Disclosure obligations
Real Property (RPP) CHAPTER 50, ARTICLE 12-A
§ 443-a. Disclosure obligations. 1. Notwithstanding any other
provision of law, it is not a material defect or fact relating to
property offered for sale or lease, including residential property
regardless of the number of units contained therein, that:

(a) an owner or occupant of the property is, or was at any time
suspected to be, infected with human immunodeficiency virus or diagnosed
with acquired immune deficiency syndrome or any other disease which has
been determined by medical evidence to be highly unlikely to be
transmitted through occupancy of a dwelling place; or

(b) the property is, or is suspected to have been, the site of a
homicide, suicide or other death by accidental or natural causes, or any
crime punishable as a felony.

2. (a) No cause of action shall arise against an owner or occupant of
real property, or the agent of such owner or occupant, or the agent of a
seller or buyer of real property, for failure to disclose in any real
estate transaction a fact or suspicion contained in subdivision one of
this section.

(b) Failure to disclose a fact contained in subdivision one of this
section to a transferee shall not be grounds for a disciplinary action
against a real estate agent or broker licensed pursuant to this article.

(c) As used in this section, the terms "agent", "buyer" and "seller"
shall have the same meanings as such terms are defined in section four
hundred forty-three of this article.

3. Notwithstanding the fact that this information is not a material
defect or fact, if such information is important to the decision of the
buyer to purchase or lease the property, the buyer may, when negotiating
or making a bona fide offer, submit a written inquiry for such
information. The buyer or the agent of the buyer shall provide the
written request to the seller's agent or to the seller if there is no
seller's agent. The seller may choose whether or not to respond to the
inquiry. The seller's agent, with the consent of the seller and subject
to applicable laws regarding privacy, shall report any response and
information to the buyer's agent or to the buyer if there is no buyer's
agent. If there is no seller's agent, the seller shall inform the
buyer's agent, or the buyer if there is no buyer's agent, whether or not
the seller chooses to provide a response.

4. This section shall preempt any local law inconsistent with the
provisions of this section.