By Christopher Charles | AZRE Magazine’
In some cultures it’s customary to meet the neighbors before purchasing a home. In the recent case of Lerner v. DMB Realty, LLC, the plaintiffs wish they would have done just that. Unfortunately, they didn’t discover until after they closed on their purchase and moved in that their next-door neighbor is a class 1 sex offender.
As discussed in this column’s November 2013 edition, Avoiding Real Estate Malpractice, Arizona REALTORS’® Duty to Disclose and the November 2012 edition, Caveat Venditor!, the law imposes strict disclosure requirements on property sellers – namely, sellers must disclose any information that materially or adversely affects the value of the property. Hill v. Jones, 151 Ariz. 81, 725 P.2d 1115 (App. 1986).
Most families, especially families with young children, prefer not to live near criminals and sex offenders. As a result, buyers want to know if a home is situated immediately next door to a sex offender.
Arizona law, however, exempts certain conditions from disclosure. For example, pursuant to A.R.S. § 32‑2156, sellers and their agents are not required to disclose:
