Expert: Dick Dennis - 11/11/2011

Question
Mr. Dennis,

I’ve been scanning through your responses to real estate questions posed to you and really enjoy the frankness of your answers.  Wondered if you could assist me with information on the statute of limitations on a real estate contract here in Tucson, AZ. Specifically, a failure to disclose issue; in this case, the seller didn’t disclose the fact that the condo unit I purchased from her doesn’t have any cold water.  There’s an old adage down here, ‘nobody in Tucson has cold water’, but in my case, there really isn’t a cold water line running to my 6-unit building.  The sale took place in August 2007, but I was working with the COA to try to get it repaired; which they still haven’t done, meanwhile possibly forfeiting any action against the seller for not disclosing this on her SPDS, by running out of time on the statute.  Any suggestions?  Do I have a cause of action or has the statute run out?

Answer
The statute of limitations of contracts in AZ is 6 years, Lisa Sue, 4 years if the contract was executed out of state.

I would like to know something: Did you know about that old adage BEFORE you bought the condo? If so, you may be remiss in not asking the seller or his/her real estate agent about any shortage of cold water, and therefore may be in a weak position in any suit for satisfaction.

As long as you did not know about Tucson having a cold-water problem, it would seem that you have a good case to pursue the seller and possibly the real estate agent, too. That means you need to consult with a good local real estate attorney. Just one thing. The attorney will want to know how much to repair the cold water line will cost you. He may say you would have to go through the actual expense before you can actually bring suit. And if the repair is less than $7,500 you would have to take it before a small claims judge. No attorney. I do wish you well.

Dick Dennis
dixiedee13@aol.com