Question: We purchased an ”as-is” a home in Show Low last summer. We had a home inspection which was satisfactory to us. In the fall when we turned on the furnace we discovered that there was no ductwork leading from the furnace to the vents. When I telephoned the seller to complain, he said that he never used the furnace because he knew that the home had no ductwork. He said that he relied on the fireplace and space heaters during the winter months. I told the seller that we wanted to use the furnace and that we expected him to pay for the ductwork, the seller said that we purchased the home “as-is.” The cost to install the ductwork will be approximately $1,500. Are there any Arizona real estate laws regarding this? Does the seller have any liability to us for the $1,500?
Answer: Yes, he does. Even though a home is being sold “as-is”, a seller is still required to disclose any known latent defects in the home. The lack of ductwork from the furnace to the vents was a known latent defect. You should file a complaint against the seller in the Small Claims division of Justice Court. The Small Claims division has jurisdiction of disputes up to $2,500, and is similar to Judge Judy‘s television courtroom with no Arizona real estate attorneys and no appeals.