Chapter 701 Oregon Laws 2001

AN ACT

HB 2686

Relating to material facts in real property transaction; creating new provisions; and amending ORS 93.275.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 93.275 is amended to read:

93.275. (1) The following are among incidents that are not material facts to a real property transaction:[, need not be disclosed in a real property transaction and no cause of action arises against an owner of real property, an agent of the owner or any agent of the transferee of real property for failure to disclose:]

[(a) The occurrence of an occupant's death by homicide or suicide upon the real property or any details of the death; or]

[(b) That an occupant or owner of the real property has or died from human immunodeficiency virus or acquired immune deficiency syndrome.]

(a) The fact or suspicion that the real property or a neighboring property was the site of a death by violent crime, by suicide or by any other manner;

(b) The fact or suspicion that the real property or a neighboring property was the site of a crime, political activity, religious activity or any other act or occurrence that does not adversely affect the physical condition of or title to real property;

(c) The fact or suspicion that an owner or occupant of the real property has or had human immunodeficiency virus or acquired immune deficiency syndrome; and

(d) The fact or suspicion that a convicted sex offender registered under ORS 181.595, 181.596 or 181.597 resides in the area.

[(2) As used in this section, “transferee” includes a purchaser, lessee or renter of real property.]

[(3)] (2) The Legislative Assembly finds that there is no known risk of the transmission of human immunodeficiency virus or acquired immune deficiency syndrome by casual contact.

SECTION 2. The amendments to ORS 93.275 by section 1 of this 2001 Act apply to real property transactions that close on or after the effective date of this 2001 Act.

Approved by the Governor July 2, 2001

Filed in the office of Secretary of State July 2, 2001

Effective date January 1, 2002

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