71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2321
 
                           A-Engrossed
 
                         House Bill 2686
                   Ordered by the House May 11
             Including House Amendments dated May 11
 
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
  Association of Realtors)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Modifies incidents that are not material to real property
transaction and for which failure to disclose does not give rise
to cause of action against owner, owner's agent or transferee's
agent.
 
                        A BILL FOR AN ACT
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. + }
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