[AZ] Can you sue a home seller for failing to disclose structural defects and concealing foundation damage?

AZ Real Estate Law

Liz

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In order to sue, it does have to be done within 2 years in Arizona. (AZ Rev Stat § 12-543 (2)(3))

You do have a case. The largest obstacle can be that since you did not get an inspection, they could argue you accepted defects.

In Arizona, sellers are required to disclose any known material defects in the property. If the previous homeowner was aware of the foundation issues and failed to disclose them, this could be a breach of their legal obligations. (AZ Rev Stat § 44-1522(A))

Also, if the seller intentionally concealed the structural issues by covering them up, this could be considered fraudulent misrepresentation. This occurs when a seller knowingly makes false statements or conceals facts to induce a buyer to enter into a contract.

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Do I have any legal right to sue the previous homeowner for not disclosing or downplaying the structural issues?

Lexi, Chatbot

I understand how frustrating it can be to deal with undisclosed structural issues in a home. Have you already attempted to communicate with the previous homeowner about these issues?

No, I have not.

Lexi, Chatbot

What specific structural problems are you experiencing that were not disclosed during the sale?

Major foundation cracks, causing major shifting and walls severely cracking. He did cover up the cracked tiles and cracks with white tape and then a rug. I have photos of both.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your home disclosure issue.

No.

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, in what state did you purchase the home?

I purchased the home in Arizona.

Liz

Thank you for sharing that. Did you have an inspection done?

I had an appraisal done, but no formal home inspection due to circumstances.

Liz

Got it, thanks for letting me know. Did you sign any waivers for defects due to the lack of inspections?

No, the only thing was the home disclosure agreement I signed. The homeowners stated for foundation “had a specialist come out, said it was normal.” The previous homeowner did not include any inspection report or anything from the “specialist.”

Liz

Thanks for clarifying that. When did you first notice the structural issues after purchasing the home?

When I started renovating and pulling up the floors is when I started noticing the horrible extent of the issue. Do you think I have a case?

Liz

In order to sue, it does have to be done within 2 years in Arizona. (AZ Rev Stat § 12-543 (2)(3))

You do have a case. The largest obstacle can be that since you did not get an inspection, they could argue you accepted defects.

Liz

43,836 satisfied customers

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