Question: When I purchased my home in Paradise Valley, the seller represented to me that the home was connected to a sewer system. I am now trying to sell my home, and the first buyer during the inspection period canceled the purchase contract because his home inspector discovered that my home was not connected to the sewer system, but only had a septic system. The cost to connect to the sewer system is $35,000.00, which is basically the loss in value of my home. Doesn’t my real estate agent that represented me when I purchased my home have some liability for failing to tell me that I only had a septic system?
Answer: In order to determine if your real estate agent has liability to you, some questions need to be asked. When you purchased your home did you have a home inspection? Did you attempt to confirm that there was a sewer connection as required by the standard Arizona purchase contract? After you purchased your home did you pay a monthly fee to the Town of Paradise Valley for a “phantom” sewer connection? Did you have any discussions with your real estate agent about any sewer connection? In general, if your real estate agent violated the standard of care for other real estate agents in the Paradise Valley area regarding the confirmation of a sewer system, your real estate agent could have liability to you.