SENATE BILL NO. 225
AN ACT TO AMEND CHAPTER 29, TITLE 24 OF THE DELAWARE CODE RELATING TO REAL ESTATE BROKERS, SALESPERSONS, AND APPRAISERS AND PSYCHOLOGICALLY IMPACTED PROPERTIES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 29, Title 24 of the Delaware Code by adding thereto a new section 2929 which shall read as follows:
§2929 Certath Psycholonical Imoacts_Not Material Facts
(3) As used in this section, "transferee" includes, but shall not be
limited to, a buyer, purchaser, grantee, lessee, tenant or one making an exchange of any estate or interest in real property.
(3) As used in this section, the terms "psychologically impacted" and "psychological impacts" mean:
(1) That the property was, or was at any time suspected to have been the site of a homicide, suicide or other felony except arson.
(2) That an occupant of real property is or was at any time suspected to be infected or has been infected with Human Immuno-deficiency Virus or diagnosed with Acquired Immune Deficiency Syndrome (AIDS), 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.
(3) €As used in this section, "agent" means any person licensed as a
Broker, Salesperson or Appraiser pursuant to 24 al. C. 2901 et.seq.
(d) The fact or suspicion that a property might be or is psychologically impacted is not a material fact that must be disclosed in a real property transaction.
€ No cause of action shall arise against an owner or appraiser of real property or the agent of such an owner or the agent of a transferee of real property for failure to inquire about, make a disclosure about or release information about the fact or suspicion that such property is psychologically impacted.
(f) If a potential transferee makes a specific written request to the owner or agent about the psychological impacts defined above in section (b)(1) regarding a specific property, the owner or agent shall answer the transferee’s questions truthfully, to the best of such owner’s or agent’s knowledge. The agent shall have no duty to inquire about the psychological impacts defined above In section (b)(1) regarding a specific property unless a transferee, in writing, specifically requests the agent to ask the owner for such information.
(g) The agent shall not make any disclosure concerning those psychological impacts defined above in section (b)(2) even if a buyer specifically asks about such psychological impacts.
Approved July 11, 1991