Seller Must Disclose Noise From Airport

Question: We moved to Phoenix from Boston last fall. Immediately after we moved into our home, we realized that we were in the flight path of jet planes from Luke Air Force Base. We are very angry with the seller for not disclosing this fact to us, but our letters to the seller have been unanswered. Believe it or not, we are getting used to the noise from the jet planes, but we are concerned that as honest people we will have to disclose this noise problem with the jet planes to potential buyers when we sell our home next year. Even though we are now comfortable living in our home, we certainly would not have paid the same price for our home had we known of this noise problem. Do we still have to disclose this noise problem to potential buyers? In addition, Luke Air Force Base will become the location of the new F-35 fighter jet program. Do we also have to disclose this F-35 issue?

Answer: Even though you were treated unfairly by your seller, you still have the obligation to disclose to your buyer any material, adverse fact that a reasonable buyer would want to know, including the fact that there will be noise from jet planes. In addition, Arizona law specifically requires disclosure to a buyer of the proximity of any home to a military airport such as Luke Air Force Base. Finally, disclosure of the new F-35 jet program is probably required.