Faith, Ledyard & Faith PLC
888-350-8767 623-806-8994
COVID-19 NOTIFICATION: To protect your safety and the safety of our staff, in response to the threat of COVID-19, we are offering the option to connect with us via telephone, email and video-conferencing. Our staff are fully operational. Please call or email us to discuss your options.
view our practice areas In the section

Arizona court rules in case of the sex offender next door

Under Arizona law, sellers of real estate are required to disclose certain facts about the property that could affect its value. A common cause of property disputes is a lack of disclosure about the property's condition. For example, if the roof on the property is falling apart, the sellers typically have to disclose this fact. If they don't, and the buyers discover an unanticipated and very expensive problem with their roof, the lack of disclosure could be cause for a lawsuit.

However, the law does not require sellers to disclose everything. A recent appeals court ruling tested just how much sellers must disclose.

The case involved the sale of a home in Scottsdale. They buyers filed suit against the sellers, arguing that the sellers had committed negligent misrepresentation by telling them that they were selling the house in order to live closer to friends. In fact, the buyers argued, the reason was that there was a sex offender living next door.

A trial court dismissed the buyers' suit. The Court of Appeals partially upheld that decision, ruling that sellers who don't disclose that there is a sex offender living next door can't be sued over this omission. However, the appeals court sent the case back to the lower courts to determine whether the buyers actually relied upon the sellers' stated reason for selling the home.

Real estate law is notoriously complicated. People in Arizona buy and sell homes or other real estate every day, and most of them won't ever have to air their grievances in court. However, when something goes wrong with a purchase or a sale, the dispute can raise very difficult legal issues. It's important for buyers and sellers to be aware of their rights and obligations. It's also important to have the help of real estate attorneys to help avoid disputes or to help resolve them when they arise.

Source:, "Court rules on sex offender real estate issue," Feb. 22, 2014

No Comments

Leave a comment
Comment Information
  • Lead Counsel Rated LC
  • Paul Faith David Ledyard Distinguished AV | Peer Review Rated | LexisNexis Martindale-Hubbell | For Ethical Standards & Legal Ability
  • Best Real Estate Lawyers in Phoenix

919 North Dysart Road
Suite F
Avondale, AZ 85323

Toll Free: 888-350-8767
Phone: 623-806-8994
Avondale Law Office Map