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
 
                         House Bill 2686
 
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 as
introduced.
 
  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,  { + that + } 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. - }   { + and for which a failure to
disclose does not give rise to a cause of action against an owner
of real property, an agent of the owner or an agent of a
transferee of real property:
  (a) The fact or suspicion that the real property or a
neighboring property was the site of a death by murder, 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 rape or other sex crime,
assault or other violent crime, robbery, burglary, illegal drug
sales or use, gang-related activity, political activity,
religious activity or any other act or occurrence that does not
adversely affect the physical condition of or title to real
property; and
  (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. + }
  (2) As used in this section  { - , - }  { + :
 
  (a) 'Material facts' means information that is not readily
apparent or obtainable by due diligence and that:
  (A) Substantially and adversely affects the value of the real
property;
  (B) Bears on the ability of a party to a real property
transaction to perform the party's obligations; or
  (C) Operates to impair or defeat the purpose of the
transaction.
  (b) + } 'Transferee' includes a purchaser, lessee or renter of
real property.
  (3) 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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