Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:
SECTION 1.
Chapter 93 of the General Laws is hereby amended by
adding the following section:-
Section 108. The fact or suspicion that real property may be or is
psychologically impacted shall not be deemed to be a material fact required to
be disclosed in a real estate transaction, except as provided in this section.
"Psychologically impacted" shall mean an impact being the result of facts or
suspicions including, but not limited to, the following:
(a) that an occupant of real property is now or has been suspected to be
infected with Human Immunodeficiency Virus or with Acquired Immune Deficiency
Syndrome or any other disease which reasonable medical evidence suggests to be
highly unlikely to be transmitted through the occupying of a dwelling;
(b) that the real property was the site of a felony, suicide or homicide;
and
(c) that the real property has been the site of an alleged parapsychological
or supernatural phenomenon.
No cause of action shall arise or be maintained against a seller or lessor of
real property or a real estate broker or salesman, by statute or at common law,
for failure to disclose to a buyer or tenant that the real property is or was
psychologically impacted.
Notwithstanding the foregoing, the provisions of this section shall not
authorize a seller, lessor or real estate broker or salesman to make any
misrepresentation of fact or false statement.
SECTION 2.
The provisions of this act shall apply only to
transactions entered into after the effective date of this act.
Approved August 11, 1998.