Abstract
This Note addresses the responsibilities of real estate brokers to disclose a seller's AIDS status and attempts to resolve the liability dilemma this disclosure creates while protecting a buyer's right to learn material information. Part II of this Note defines the fiduciary obligations of real estate brokers, including their duty to disclose all facts materially affecting the outcome of a real estate transaction. Part III discusses the materiality of a seller's AIDS status in real estate transactions by examining the nature of the AIDS virus, AIDS-phobia litigation, and AIDS disclosure in other representative contexts. Part IV examines considerations affecting disclosure outside of a real estate transaction, including AIDS disclosure shield statutes and provisions of the Arizona and Federal Fair Housing Acts. Finally, Part V recommends a solution to the impasse AIDS disclosure in a real estate transaction creates and discusses the solution's effect on a broker's liability.
How to Cite
36 Ariz. L. Rev. 757 (1994)
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