(A) An owner is not required to disclose the fact or suspicion that a property may be or is psychologically affected, as described in subsection (B).
(B) A cause of action may not arise against an owner of real estate in a covered transaction for failure to disclose:
(1) that the subject real estate is or was occupied by an individual who was infected with a virus or other disease which has been determined by medical evidence to be highly unlikely to be transmitted through his occupancy of a dwelling place; or
(2) that the death of an occupant of a property has occurred or the manner of the death; or
(3) public information from the sex offender registry as defined in Article 7, Title 23.
(C) Subsection (B) does not preclude an action against an owner of real estate who makes intentional misrepresentations in response to direct inquiry from a purchaser or prospective purchaser with regard to psychological effects or stigmas associated with the real estate.
HISTORY: 2002 Act No. 336, Section 2.
Structure South Carolina Code of Laws
Title 27 - Property and Conveyances
Chapter 50 - The Residential Property Condition Disclosure Act
Section 27-50-10. Definitions.
Section 27-50-20. Scope of article.
Section 27-50-30. Certain transfers excluded from scope of article.
Section 27-50-40. Disclosure statements; contents; owner options.
Section 27-50-60. Corrected disclosure statements; reasonable repairs before closing.
Section 27-50-80. Obligation of purchaser to inspect.
Section 27-50-90. "Psychologically affected" property disclosure exceptions.
Section 27-50-100. Landlord-tenant relationship.
Section 27-50-210. Short title.
Section 27-50-220. Scope of article.
Section 27-50-230. Definitions.
Section 27-50-250. Transfer of title of residential property subject to vacation rental agreement.
Section 27-50-260. Tenant compliance with evacuation orders.
Section 27-50-270. Effect of failure to disclose vacation rental agreement to purchaser.