Connecticut Seal

Senate Bill No. 481

Public Act No. 04-39

AN ACT CONCERNING THE DISCLOSURE OF NONMATERIAL FACTS CONCERNING REAL PROPERTY.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 20-329cc of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

As used in sections 20-329cc to 20-329ff, inclusive, as amended by this act, ["psychologically impacted" means the effect of certain circumstances] a "nonmaterial fact concerning real property" means a fact, set of facts or circumstance surrounding real estate which includes, but is not limited to: (1) The fact that an occupant of real property is [, or was at any time suspected to be, infected] or has been infected with [the human immunodeficiency syndrome, as defined in section 19a-581] a disease on the list of reportable diseases issued by the Commissioner of Public Health pursuant to section 19a-2a, as amended; or (2) the fact that the property was at any time suspected to have been the site of a [homicide, other felony or a suicide] death or felony.

Sec. 2. Section 20-329dd of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) The existence of [any fact or circumstance which may have a psychological impact on the purchaser or lessee] a nonmaterial fact concerning real property is not a material fact that must be disclosed in a real estate transaction.

(b) No cause of action shall arise against an owner of real estate, [his or her] the owner's agent or any agent of the transferee for the failure to disclose [to the transferee that the transferred property was psychologically impacted, as defined in section 20-329cc] a nonmaterial fact concerning real property to the transferee.

Approved May 4, 2004