Phoenix, AZ asked in Real Estate Law for Arizona

Q: We purchased our home 2 years ago as is. Now the house is falling apart and we want them to pay for all damages.

My husband and I purchased our home almost 2 years ago. We have recently found out that they did not disclose everything truthfully. They stated that all piping was replaced, we found out a few months ago that there is a cast iron pipe running from the guest bath almost through the entirety of the home that is deteriorated. They stated that they replaced the roof about 9 years ago, they just slapped new shingles on top of the old shingles. They stated that the HVAC unit was in full working condition, it has been leaking coolant for years and we now need to replace the unit since it is no longer working at all. We have water damage inside the house from the roof and the plumbing. we currently have no heat in the house due to the HVAC unit being non operational.

We want the previous homeowners to pay all costs associated with making this house livable again. The plumbing is going to cost $13,760. The AC is going to cost just over $14k. The roof and water damage is tbd. please help.

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1 Lawyer Answer
Peter H. Westby
Peter H. Westby
  • Scottsdale, AZ
  • Licensed in Arizona

A: It appears that you have a non-disclosure claim against your seller and, possibly, against your seller's agent. Both have a duty to disclose. I recommend that you have your home inspected carefully by a licensed contractor. If your seller failed to disclose the items you mentioned, the seller may have failed to disclose other items that you have not yet discovered. The inspection report together with your repair invoices or estimates will be used to document an initial demand letter. If you used the standard purchase contract, it specifies mediation as an initial dispute resolution procedure and it is a good practice to demand mediation in the initial letter. While obtaining the inspection report, it can be a good idea to use this time to locate the seller if you do not have a current address. Time is important since there is a three year statute of limitations for a misrepresentation case. The time starts running when you discover the misrepresentation. You may contact us to schedule a complimentary initial conference so we can learn more of the facts and answer your questions.

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