5830 West Thunderbird Road Ste B8-306 Glendale, AZ 85306
The law in Arizona has long required a seller to disclose all facts material to a buyer if known to the seller. A material fact is any fact which could affect the buyer’s decision to purchase or affect the value (purchase price) of the property.
The case decisions establish that a fact becomes “material” as soon as a buyer asks about that fact. It is not up to the seller to decide if something is material or not. Generally, there is no duty to disclose an obvious defect. Failure to disclose a roof leak where the interior walls have obvious water stains is not a breach.
But if the interiors walls have been repaired and painted to hide water damage or cover drywall cracks caused by expansive soil, failure to disclose the defective roof or unstable foundation can be considered fraudulent conduct by the seller.
Even a property sold “as is” does not absolve a seller from disclosing hidden, unobservable defects, such a plumbing or expansive soil problem known to the seller.
R. Harvey Dye Law, PC has diligently and successfully represented buyers who have been damaged by a seller’s concealment or failure to disclose problems and defects in the property.
Having satisfied clients is our MAIN goal!
Quite a battle, but we prevailed.
I have never spoken to an attorney as well versed in their field as Harvey Dye. He was very attentive as I explained my situation, and he did not interject once during the entire conversation. After processing all the information I had given him, Harvey went over all possible options for resolving my issue; one of which I would never have thought existed. Thank you for your help, Harvey. You are a true asset to your field.
- Jeffrey Vinca. 10/16/2019
My husband and I met with Harvey to discuss a real estate transaction that we had begun. We had just lost our middle child and were still grieving our loss. We decided to sell our home while in this state of anguish. Harvey was very helpful and meticulous about helping us save our home. We both would highly recommend Harvey and R. Harvey Dye Law for any real estate law needs. I would give him 10 stars!