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Communities of Northern and Central Arizona


To Disclose or Not to Disclose

disclosure agreement graphic with real estate photo - to disclose or not

Regarding your seller’s disclosure agreement, The general rule of thumb is “when in doubt, disclose.” This will protect both you and the buyer and be instrumental in avoiding future lawsuits. There are; however, a few very specific cases when disclosure is not required and sometimes seen as discriminatory. Material facts that do not need to be disclosed are very limited and licensees and transferors of property are protected by statutory law in these few circumstances. The Stigmatized Property Law (A.R.S. 32-2156) reads as follows: “No criminal, civil, or administrative action may be brought against a transferor or lessor of real property or a licensee for failing to disclose that the property being transferred or leased is or has been: 1. The site of a natural … Read more

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