NONDISCLOSURE ARTICLES
Dispute Over Potential Roof Damage
Question: Three months ago we listed our Tolleson home for sale. We were home when our Realtor was walking through our home with the buyer and the buyer’s Realtor. In our laundry room there was a stain from a leak in the ceiling. We had never noticed this stain before, so this stain was not disclosed on our SPDS. The buyer’s Realtor said that she would have the home inspector “check it out.” Our sale closed 30 days later. Three months after the closing we have received a letter from the buyer’s attorney saying that there had been a roof…
Train That Comes By Only Twice A Day May Not Require Disclosure
Question: In your recent column you said that a buyer’s broker in the summer had to disclose the Ben Avery gun range nearby, even though the noise from gunfire was only bad in the winter months. Thus, your recommendation was that a broker should only sell homes in a community that that the broker “farms,” i.e., a community where the broker sells homes frequently. Whether you are right or not, I understand your argument. Years ago, I showed a home in the West Valley to many potential buyers. The Seller’s Property Disclosure Statement said nothing about a train that ran…
Seller Disclosure Required, but SPDS Not Required
Question: My wife recently inherited a Lake Havasu home after her mother passed away. My wife’s Lake Havasu listing broker has found an investor who will buy the home “as is” at list price for cash. My wife has accepted the investor’s offer, but her listing broker insists that the law requires my wife to fill out a Seller Property Disclosure Statement (“SPDS”). Does the law require a seller to fill out an SPDS? Answer: No. The law only requires disclosure by the seller of known material and adverse facts, not a specific form like the SPDS. If a seller…
Real Estate Agent Required to Disclose Local Problems
Question: In your recent column a buyer bought a home near the Ben Avery gun range in the hot summer months with occasional gun fire. You said that their Realtor would be required to know and disclose to the buyer the noise from the 7:00 a.m. to 7:00 p.m. constant gun fire in the winter months. Thus, you said that a buyer’s agent should only represent buyers in specific geographic areas, i.e., “farm” a specific geographic area. I am seriously perplexed at how you continue to have a real estate column in the newspaper. A Realtor is NOT required to…
Disclosure of Gunnery Range is Required
Question: We purchased our retirement home last August in far north Phoenix near the mountains. Our seller was an investor. Thus, many of the seller’s answers on the Seller Property Disclosure Statement (“SPDS”) stated “unknown as never lived in house, buyer needs to do own research.” At that time of our home purchase we were unaware that the Ben Avery shooting range was across the freeway, although we went to the home several times before purchasing the home. We never heard gun shots as it was the middle of summer and 110 degrees. We are miserable in our retirement home…
Even if a Seller Knows Nothing about the Home, the Seller Still has to Complete an SPDS
Question: My wife’s mother and father bought a home in Avondale 30 years ago. My wife’s mother and father both recently passed away. We have always lived in the Mesa area and, except for the Holidays, we never went to the Avondale home. Under the family trust, my wife is now responsible for selling the home, and she just wants to sell the home “as is” because my wife knows nothing about the home. The listing broker says that, under the standard AAR Purchase Contract, my wife must complete a Seller’s Property Disclosure Statement (“SPDS”). Is the listing broker correct?…
Recourse for Unknown Tenants
Question: We recently purchased an investment home in the San Tan Valley for $425,000 cash. When our real estate agent showed us the home, this home had some furniture in the living room and in two of the bedrooms. Our real estate agent said that he thought that was furniture left behind by the last owner. Two days later we signed the purchase contract to buy the home. After escrow closed, and we had the keys, we went to the home with two contractors to start the repairs to the home. To our surprise, there was a family of four…
Listing Agent Has to Disclose Family Relationship With Buyer
Question: We listed our North Phoenix home with our neighbor who is a real estate agent and also a Realtor. The next day we accepted an offer to purchase our home from a Limited Liability Company (“LLC”) buyer. This LLC buyer planned to remodel our home, and then “flip” our home to another buyer. Our Realtor recently said that this LLC buyer, however, may now not be able to buy our home because of problems getting a short-term remodeling loan from a hard money lender. While playing golf my husband recently learned from another neighbor that our Realtor’s brother is…
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