Statutory Caveat Emptor Survives…or Does It?

By:  Matthew P. Fischer

Arizona has codified the concept of caveat emptor (i.e., buyer beware) for three particular circumstances.  Pursuant to A.R.S. § 32-2156, real property sellers are not obligated to disclose:  (1) deaths or felonies that have occurred on the premises; (2) prior occupancy by someone with a non-communicable disease; and (3) nearby sex offender residents.  The constitutionality of § 32-2156 was recently challenged in Lerner v. DMB Realty, et al., 294 P.3d 135 (Ariz. Ct. App. Nov. 27, 2012), specifically with respect to subsection three (click on the case name for the full opinion of the court). … Read More »

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