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When is a seller protected for not disclosing information?

On Behalf of | Aug 25, 2023 | Real estate transactions

In a real estate transaction, a seller is required to disclose crucial information to the buyer. In Arizona, this includes any information the seller is or may be unable to perform, and any material defect existing in the property and the existence of a lien on the property.

If a seller fails to disclose such information, the buyer can take action against them. However, in some instances, the seller may be protected. These include:

The site of a natural death

If a seller fails to disclose that the property being transferred was a site of natural death, homicide or any other felony, the buyer may not have grounds for a lawsuit.

Disease not known to be transmitted through occupancy of real estate

If a property was owned or occupied by someone exposed to the human immunodeficiency virus (HIV) or diagnosed with the acquired immune deficiency syndrome (AIDS), or any other disease that cannot be transmitted through common occupancy of the property, the seller does not have a legal obligation to disclose such information.

Proximity to a sex offender

If a sex offender lives close to the property, a seller may avoid disclosing such information. And this will not warrant grounds for terminating the transaction.

What if you ask about these matters?

While Arizona real estate sellers have no legal obligation to disclose these matters, buyers can ask about them. The seller can answer truthfully, state they are not legally required to respond or they can inform you how to obtain the information, for example, request you to check the list of published registered sex offenders.

If a seller fails to disclose required crucial information, you should consult with a lawyer to understand the legal options available to you.