NONDISCLOSURE ARTICLES
Confirm Not Only Permit Issued But Construction Completed
Question: When we purchased our East Valley home, the Seller’s Property Disclosure Statement (“SPDS”), line 150, said that there was a permit from the City of Chandler for the construction of the 2,000-square-foot detached garage. The SPDS, line 155, said that the detached garage had been “completed.” We want to use this detached garage for our collector cars and for an art studio. We recently learned, however, that although a permit from the City of Chandler was granted to build the detached garage, there was never a certificate of completion for the detached garage from the City of Chandler. For…
Real Estate Brokers Have Obligation to Disclose
Question: In a recent column you said that, under A.R.S. §32-2156 sellers and real estate brokers don’t have to disclose murders, burglaries, and other felonies that have occurred in the home. You also said that sellers and real estate brokers could have to disclose to buyers an abnormally high number of murders, burglaries, and other felonies that have occurred in the surrounding neighborhood. My question as a real estate broker is, what is the obligation of real estate brokers to determine if there is an abnormally high number of felonies that have occurred in the surrounding neighborhood? Do we as…
Seller and Brokers Must Disclose Burglaries in Neighborhood Homes
Question: After we purchased our Sun City home we learned from neighbors that our home had been burglarized at least three times in the preceding eight months, plus there had been several burglaries at other homes in our neighborhood. We are elderly people, and had we known of these burglaries we would not have purchased our home. The money we paid for our home went to the seller, the seller’s listing broker, and the broker that represented us. Shouldn’t someone have told us about these burglaries? If so, how do we calculate our damages? Answer: First, sellers and brokers in…
Disclosure Requirement for Parcels of Land
Question: We recently signed a contract to sell our three-acre parcel of land in Coconino County near Flagstaff. The title company says that we will be required to furnish the buyer with an Affidavit of Disclosure relating to the condition of this three-acre parcel. What is this Affidavit of Disclosure? Answer: Under A.R.S. §33-422 a seller of five or less parcels of land in an unincorporated area of a county is required to furnish an Affidavit of Disclosure to the buyer. Similar to a Seller’s Property Disclosure Statement in home sales, in the Affidavit of Disclosure a seller is required…
Noisy Garbage Trucks Won’t Affect Listing Price
Question: In a recent column you said that Paradise Valley homeowners living on a cul-de-sac may have to disclose noisy garbage trucks that came by their home more than four times a week. You said that these homeowners may have a claim for damages against the seller for not disclosing the noisy garbage trucks. We have listed for sale our Paradise Valley home which is also on a cul-de-sac with noisy garbage trucks. Do we now have to reduce the list price of our home if we have to disclose these noisy garbage trucks? Answer: No. You have the right…
Golf Course Lot or Not?
Question: At the time that we purchased our lot in the Tucson foothills, both the developer’s marketing brochure and the developer’s sales agent represented that our lot was a “golf course lot.” We have started construction of a new home on our lot. Last week we saw construction starting on the vacant land between our lot and the golf course fairway. When we contacted the developer’s sales agent he said that a golf course maintenance building will be built on this vacant land. We have now stopped construction of our new home because we don’t want to have a view…
Can Buyer Back Out of Purchase Contract for Seller’s Breach?
Question: When we purchased our Chandler home, we received the Seller’s Property Disclosure Statement (“SPDS”). The SPDS did not disclose any prior flood damage or mold. During our 10-day inspection period, our home inspector that did not find any prior flood damage or mold. After the 10-day inspection period had expired, however, we learned from a casual conversation with a neighbor that both the seller’s home and the neighbor’s home had flood damage and mold remediation two years earlier. We now want to cancel the purchase contract and get a refund of our $10,000 earnest money. Can we get our…
Seller Didn’t Disclose Noise from Garbage Truck Traffic
Question: We recently purchased a home in Paradise Valley on a cul-de-sac. After the close of escrow our neighbors said that there are at least four different garbage trucks that service our street. The result is that on Monday through Friday there is heavy garbage truck traffic that adversely affects our air quality and our peace and quiet. We thought that Paradise Valley was a beautiful, charming community and we are very disappointed. Shouldn’t the seller have told us about this garbage truck problem? Answer: Under Arizona law a seller is required to disclose any material and adverse fact relating…
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