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 to the condition of the property that a reasonable buyer would want to know. In most residential transactions a seller completes a Seller’s Property Disclosure Statement (“SPDS”), which specifically asks about noise and odor problems relating to the property. If the seller did not disclose this problem in the SPDS relating to heavy garbage truck traffic, you may have a claim for damages against the seller. In general, this claim for damages would be for the diminished value of your home due to this heavy garbage truck traffic.