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Practice and Disclosures, 25% of the examination

Stigmatized property

Property affected by an event, such as a death, that has no physical effect on the structure.

California generally bars liability for failing to volunteer a death that occurred more than three years before the buyer's offer. A death inside that period is not automatically material in every transaction, so apply the ordinary materiality analysis. A direct question must be answered truthfully, while HIV and AIDS status is protected by a separate nondisclosure rule.

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Test the distinction

A relevant question from Practice and Disclosures, selected because its facts or explanation use this concept.

Practice and Disclosures ยท 25%Disclosure of Material Facts Affecting Property Value

An occupant died at the property four years before a buyer's offer. The buyer has not asked about deaths. Which statement correctly describes the seller's duty?

Written to DRE's published topic list. Not a real examination question, since reproducing those is a misdemeanor under B&P Code section 123.

Primary sources

Use these authorities when a course summary, forum answer, or older flashcard conflicts with the current California rule.

Where this is tested

Other terms in this area