Expert: liznarr - 3/30/2005

Question
Thank you for providing this helpful service!

I bought a condo last June in TUcson, AZ. There were no realtors or lawyers involved.

The seller did not disclose any problems with the sewer system, but I recently discovered to my horror that the homeowners' association has been dealing with a re-occuring problem for years.
The previous owner lived  here for seven years. The problem has surfaced on an average of every six months. (Sewage back-up.)
I guess I should start checking lawyers... Yes?

Answer
Hi Renee,

You did not mention whether or not you received any kind of disclosure at all from the previous owner.  If you do have a disclosure form and this question was asked, and the seller failed to disclose, you definitely have recourse.

I tried to research online whether or not Arizona has mandatory disclosure laws for a seller of residential real estate.  I was unable to access forms for Realtor Associations in Arizona due to the fact that I am not licensed there.  I did determine that there is a disclosure form used by Realtors in Arizona, the AAR SPDS (Arizona Association of Realtors Seller Property Disclosure Statement), but due to time limitations I could not determine if it is a MANDATORY disclosure form.  In my state of SC, seller disclosure is mandatory, EVEN when there is no Realtor involved.  ALL sellers in SC are required to fill out a seller's residential property disclosure form (with certain exceptions allowed by law).

I would suggest you first determine if there is a mandatory seller disclosure law in Arizona.  For starters, you could call the Arizona Department of Real Estate.  Information I obtained online for them shows a telephone number of (602) 468-1414.  

If there is a mandatory seller disclosure requirement in Arizona and you did NOT receive the form signed by the seller, then definitely start looking for a good lawyer.  Even if there are not mandatory disclosure laws in Arizona, it still would be a good idea to at least get legal advice for what recourse by law might be available to you.

Good luck to you, and write again if you have additional questions.

Regards,

Elizabeth Narr