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Practice Of Real Estate DisclosuresTransfer_disclosure_statementHARD

Under California Civil Code §1102, the seller must disclose known conditions on the Transfer Disclosure Statement. All of the following conditions require disclosure EXCEPT:

Correct Answer

B) The seller's HIV/AIDS status, even though the seller has lived in the property

Under California Civil Code §1710.2, information about the occupant's HIV/AIDS status is specifically excluded from disclosure requirements. A seller is never required to disclose their health status, and this information cannot be the basis for a buyer's rescission or lawsuit.

Answer Options
A
A property boundary dispute with the neighbor that the seller has been aware of for years
B
The seller's HIV/AIDS status, even though the seller has lived in the property
C
A history of flooding in the basement during heavy rainstorms
D
Awareness that the property's well water has been tested and contains elevated nitrate levels

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Related Topics & Key Terms

Key Terms:

TDSHIV_AIDSnon_disclosureexemptionCal_Civil_Code_1710.2

Related Concepts

Death on property disclosure addresses whether sellers must inform buyers about deaths that occurred on the property, including natural deaths, suicides, and murders. Requirements vary significantly by state.

Environmental hazards disclosure involves informing buyers about environmental contamination or hazards affecting or potentially affecting a property, including underground storage tanks, contaminated soil, hazardous waste, and proximity to Superfund sites.

Flood zone disclosure requires informing buyers whether a property is located in a designated flood zone as mapped by FEMA. Properties in high-risk flood zones may require mandatory flood insurance.

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