Arizona Seller Property Disclosure Statement (SPDS) Fraud Law Firm
Wronged by a Seller Disclosure Issue or Fraud in Arizona? Do You Feel Helpless and/or Angry? Looking For a Tenacious, Efficient, Empathetic, and Highly Rated Real Estate Fraud Lawyer? Our Law Firm Exists to Win Trials. Contact Us To Find Out Your Options For Recovery
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when you’ve been wronged in a real estate deal
What Is Required To Be Disclosed?
In Arizona, a seller of real estate must disclose anything material to a buyer, even if the buyer did not specifically inquire about it. When Sellers fail to do so, buyers are entitled to get their money back. In fact, they are often entitled to substantial damages sufficient to make them whole and get them living in the caliber of home they originally bargained for.
Areas that are material and therefore require disclosure include:
- Ownership, including potential issues with title or easements
- Property location (specifically if the real estate is in an unincorporated area)
- Structural and safety issues related to heating, plumbing, electricity, swimming pools, saunas, improvements, and animal infestations
- Utilities and drinking water
- Environmental issues related to mold, soil, drainage, noise, and odors
This list is not meant to include everything that a seller must disclose. We encourage you to review the Residential Seller’s Property Disclosure Statement (SPDS) and make notes of anything you believe should have been revealed but wasn’t. The legal team at Fraud Fighters Law Firm can discuss these items with you in a strategy session to determine the severity of the real estate fraud you’ve experienced and the best way to proceed in recovering damages.
The most important thing to keep in mind is this: If you bought real estate and were sincerely surprised at its condition, it’s worth talking to a lawyer about that.
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What Does Not Have To Be Disclosed?
Though not every little flaw or issue with a property has to be disclosed, it’s a good idea for a seller to err on the side of caution and reveal everything that has the potential to be considered material. For example, a small carpet stain or scratch on the floor isn’t likely to be significant enough to require disclosure. Generally speaking, an item needs to be disclosed if any one of the following is true:
- It affects a buyer’s decision to buy the property
- It affects the value of the property
- It affects the buyer’s use of the property
However, there are three critical items that a seller has no obligation to disclose even though a reasonable buyer might perceive them as material:
- Whether a sex offender lives in the vicinity
- Whether a murder, death, suicide or felony occurred on the property
- Whether a person with HIV or AIDS resided on the property
For the first two issues, sex offender status and death or felonies on the property, the rationale is that this information is easily accessible for free online. Prospective buyers can search for convicted sex offenders in the area through the Arizona Department of Public Safety database. Concerning deaths and felonies on the property, there are various online resources a buyer should review as part of their due diligence. For the issue of diseases like HIV and AIDS, disclosure is not required because these diseases are not known to be transmissible through mere occupancy.
A seller cannot lie despite the lack of disclosure requirements in these three areas. For example, if a buyer asks if a sex offender lives nearby, a seller can be held liable for saying “no” if, in fact, a sex offender lives next door. Here a seller could say they are not legally required to answer, but lying puts them in a situation where they could be held to standards of fraudulent misrepresentation.
Because there is often a time period (the statute of limitations) after which you cannot bring an action for lack of seller disclosure, it’s important to see if you have a case and find out your options ASAP. Tell us your situation and see how we can help you.
Why Choose Fraud Fighters Law Firm?
Client Reviews– Fraud Fighters Law Firm (Doncaster Law PLLC)
Actual Words Clients Have Used to Describe Us & Their Experience:
“Samuel didn’t just deliver the results we desired; he completely exceeded them, obtaining a unanimous jury verdict in our favor as well as an unexpected award for punitive damages!”, “well prepared and extremely professional,” “has a great bedside manner and his knowledge and ability to explain clearly are a huge help to those of us who have no prior dealings with the legal arena,” “very thorough and helped me understand the letter of the law and also the likely outcome,” “he helped change the trajectory of not only our case but our life, and we will remain forever grateful for the results he gave us, as well as his friendship,” “I hold him in the highest regard, and I certainly would recommend his services for anyone that needs an attorney that knows the law and gets the job done!”, “handled our case with care and professionalism and also got us the result we were hoping for,” “to say he is a phenomenal trial attorney would be an understatement,” “restored our faith that good people still exist – even lawyers!”
If these things are what you are looking for in a law firm, then contact us to see how we can help you.
Arizona's Premier Real Estate Law Firm
We have become known as “Arizona’s anti-fraud law firm” for a reason. We take sides, YOUR side. We hold the liars, scammers and the dishonest to account. Why let them get away with it? If you’ve been wronged from a real estate transaction or situation, breach of contract, or business dispute, we help you get justice and what you deserve to ensure that your most valuable investment is protected and restored.
What To Do Now:
We welcome your questions to help us understand your situation and sort things out so you can move forward and achieve the peace of mind that comes with a successful resolution in your favor. Call our office at (480) 666-4054(480) 666-4054 to see if we can assist you or schedule a consultation. Or fill out the form above on this page. Your form will be directly emailed to our office, and you can expect a reply within one business day—and often within hours the same day.