2019 Delaware Code
Title 24 - Professions and Occupations
Chapter 29. Real Estate Services, Brokers, Associate Brokers and Salespersons
Subchapter II Business Relationships
§ 2927 Certain psychological impacts not material facts.
(a) 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.
(b) No cause of action shall arise against an owner or landlord of real property or a licensee for failure to inquire about, make a disclosure about or release information about the fact or suspicion that such property is psychologically impacted.
(c) Except as stated in subsection (d) of this section if a customer or client makes a specific written request to the owner, landlord or licensee about the psychological impacts regarding a specific property, the owner, landlord or licensee shall answer the questions truthfully, to the best of such owner’s, landlord’s or licensee’s knowledge. The licensee shall have no duty to inquire about the psychological impacts regarding a specific property unless a customer or client, in writing, specifically requests the licensee to ask the owner or landlord for such information.
(d) The owner, landlord or licensee shall not make any disclosure concerning those psychological impacts of HIV, 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 even if a customer or client specifically asks about such psychological impacts.
68 Del. Laws, c. 154, § 1; 71 Del. Laws, c. 103, § 4; 78 Del. Laws, c. 166, § 1.
