H*3700 Session 108 (1989-1990)
H*3700(Rat #0574, Act #0481 of 1990) General Bill, By J.G. Felder, R.L. Altman,
Bailey, J.M. Baxley, R.B. Brown and E.L. Nettles
A Bill 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.
03/16/89 House Introduced and read first time HJ-15
03/16/89 House Referred to Committee on Judiciary HJ-15
01/18/90 House Committee report: Favorable with amendment
Judiciary HJ-6
01/25/90 House Amended HJ-12
01/25/90 House Read second time HJ-13
01/30/90 House Read third time and sent to Senate HJ-23
01/31/90 Senate Introduced and read first time SJ-8
01/31/90 Senate Referred to Committee on Judiciary SJ-8
04/11/90 Senate Committee report: Favorable Judiciary SJ-21
04/17/90 Senate Read second time SJ-23
04/24/90 Senate Amended SJ-17
04/24/90 Senate Read third time and returned to House with
amendments SJ-18
05/02/90 House Concurred in Senate amendment and enrolled HJ-42
05/08/90 Ratified R 574
05/14/90 Signed By Governor
05/14/90 Effective date 05/14/90
05/14/90 Act No. 481
06/12/90 Copies available
(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.
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