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NONDISCLOSURE ARTICLES

Noisy Garbage Trucks Won’t Affect Listing Price

By Christopher Combs | May 24, 2019

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…

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Golf Course Lot or Not?

By Christopher Combs | April 22, 2019

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…

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Can Buyer Back Out of Purchase Contract for Seller’s Breach?

By Christopher Combs | April 8, 2019

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…

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Seller Didn’t Disclose Noise from Garbage Truck Traffic

By Christopher Combs | March 6, 2019

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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Termites Found After Home Purchase

By Christopher Combs | February 20, 2019

Question: Shortly after we closed on the purchase of our Tempe home last summer, we noticed termite tunnels in the bathroom. We hired a termite company to treat this termite problem for the cost of $2,800. The termite company told us that our home had previous treatment for termites. In fact, the records at the Structural Pest Control Commission (https://tarf.azda.gov/index.php) that regulates termite companies show that there had been treatment by the seller for termites at our house as recently as the month before closing. The Seller’s Property Disclosure Statement said no termite problems. The sellers now live in New Jersey.…

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Seller Must Disclose Solar Panel Lease

By Christopher Combs | January 28, 2018

Question: Last year we purchased a home in Arcadia. The home had solar panels on the roof. The purchase contract and the title insurance policy said nothing about a solar panel lease. After moving into our home, we started receiving notices from a solar panel company saying that we owed them monthly lease payments for the solar panels. Apparently, four years ago our seller had signed a 15-year lease for the solar panels, but never told us. Do we have to make these lease payments? Answer: Probably not. The seller should have disclosed the solar panels lease to you. There…

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Is Disclosure of Partying Neighbors Required?

By Christopher Combs | January 14, 2018

Question:  We have lived in our Goodyear home for more than 20 years. We never had any problems with our neighbors. Last year a young couple moved in next door. Every weekend there are parties, and I think that drugs are involved. We have listed our home for sale because we want to move into a smaller home now that our children are grown. Our listing agent said that we have to disclose to buyers any material and adverse fact regarding our home. Do we have to disclose these new neighbors? Our son is a lawyer in Los Angeles, and…

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If Seller Lies, Can Buyer Cancel a Purchase Contract Before Closing?

By Christopher Combs | November 29, 2017

If Seller Lies, Can Buyer Cancel a Purchase Contract Before Closing?   Question: Last month we signed a contract with $10,000 earnest money to purchase a home in Sedona. In the Seller’s Property Disclosure Statement (“SPDS”), the seller said that there had never been any termites, or any termite treatment. During the escrow we had a home inspection and a termite inspection. Neither inspection discovered any termites or any termite damage. Two days before escrow was scheduled to close, however, we did a final walk-through. My wife looked in a kitchen drawer, and found a bill from a termite company to…

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