South Carolina General Assembly
108th Session, 1989-1990

Bill 3700

                    Current Status

Bill Number:               3700
Ratification Number:       574
Act Number                 481
Introducing Body:          House
Subject:                   Psychological stigmas on real property,
                           not material facts
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A481, R574, H3700)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-270 SO AS TO DECLARE THAT ALL PSYCHOLOGICAL IMPACTS OR STIGMAS WHICH ARE ASSOCIATED WITH REAL PROPERTY ARE NOT MATERIAL FACTS AND NEED NOT BE DISCLOSED TO A POTENTIAL PURCHASER OR LESSEE.

Be it enacted by the General Assembly of the State of South Carolina:

Psychological stigmas on real property, not material facts

SECTION 1. The 1976 Code is amended by adding:

"Section 40-57-270. (A) The fact or suspicion that a property may be or is psychologically impacted, as a result of facts or suspicions that the death of an occupant of the real property has occurred or may have occurred upon the real property, or the manner of death where death has occurred, or that an occupant was inflicted with or died from Human Immuno-deficiency 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 the occupancy of a dwelling place is not a material fact that must be disclosed in a real estate transaction.

(B) No cause of action may arise against an owner of real estate or his agent for the failure to disclose to the transferee that the transferred property was psychologically impacted as described in subsection (A) of this section.

(C) This section does not relieve an owner or agent of an obligation to disclose the physical condition of the premises.

(D) Nothing in this section immunizes an owner or his agent from making an intentional misrepresentation in response to a direct inquiry from a transferee or a prospective transferee of real property, concerning psychological impacts or stigmas associated with real property."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 14th day of May, 1990.