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Non-disclousre

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Hunter11

Junior Member
What is the name of your state? Arizona
This is regard to non-disclosure on SPDS in the state of Arizona. I bought a piece of property from a licensed real estate agent, but the property belonged to the agent. I set up an appointment to view the land along with my builder and the agent. The agent stated she had a recent survey done on the property, which she brought to the meeting. The survey did not show any easements just the property. The easements in question are roads. The agent and builder, with myself went around the property with the survey. There was no mention that the property lines went across the roads, there where re-bar posts on the land to show the property lines, and also there where rebar post across the roads, which are the real property line. The agent did not say a word at that time. So I bought the land, turned the surveys over to my plans guy and he made my house plans, turned the plans back to the builder, he went back out to the land and the home did not meet the setback requirements due to the roads in my property. Since the plans where made of the survey which did not show the easements of the roads. I spoke with people that owe land around mine; they all said that the last 5 owners could not build on the land, as it was un-build able. I contacted the agent and she said that past owners also said it was un-build able, she never stated that to me. Also on line 29 of the SPDS she marked “no” that there no easements affecting the property. But clearly there are easements affecting the property that she did not disclosure. Me and my builder both on the day we looked at the land told her what type of home we where looking at building on the land and she told us, no problem, perfect land for that. I feel, I know, I have been deceived. What is my recourse? What can I do? I have scaled my house back, had the plans re-drawn twice at a large cost just to get a home to fit…. Can I recoup anything from her? Please advise.
 


seniorjudge

Senior Member
Hunter11 said:
What is the name of your state? Arizona
This is regard to non-disclosure on SPDS in the state of Arizona. I bought a piece of property from a licensed real estate agent, but the property belonged to the agent. I set up an appointment to view the land along with my builder and the agent. The agent stated she had a recent survey done on the property, which she brought to the meeting. The survey did not show any easements just the property. The easements in question are roads. The agent and builder, with myself went around the property with the survey. There was no mention that the property lines went across the roads, there where re-bar posts on the land to show the property lines, and also there where rebar post across the roads, which are the real property line. The agent did not say a word at that time. So I bought the land, turned the surveys over to my plans guy and he made my house plans, turned the plans back to the builder, he went back out to the land and the home did not meet the setback requirements due to the roads in my property. Since the plans where made of the survey which did not show the easements of the roads. I spoke with people that owe land around mine; they all said that the last 5 owners could not build on the land, as it was un-build able. I contacted the agent and she said that past owners also said it was un-build able, she never stated that to me. Also on line 29 of the SPDS she marked “no” that there no easements affecting the property. But clearly there are easements affecting the property that she did not disclosure. Me and my builder both on the day we looked at the land told her what type of home we where looking at building on the land and she told us, no problem, perfect land for that. I feel, I know, I have been deceived. What is my recourse? What can I do? I have scaled my house back, had the plans re-drawn twice at a large cost just to get a home to fit…. Can I recoup anything from her? Please advise.

Q: Can I recoup anything from her?

A: Sue her and find out; she sounds pretty danged shady to me. Oh, by the way, did your owner's title policy mention easements?
 

Hunter11

Junior Member
Easement

Yes It did...Funny thing about this land, I thought to sell it, called two agents, they both said the land is un-buildable, seems everyone knew of this but me and my builder....The agent I bought the land from,even wrote me a email stating that she heard the land was un-buildable, but again never disclosed it...
 

seniorjudge

Senior Member
Hunter11 said:
Yes It did...Funny thing about this land, I thought to sell it, called two agents, they both said the land is un-buildable, seems everyone knew of this but me and my builder....The agent I bought the land from,even wrote me a email stating that she heard the land was un-buildable, but again never disclosed it...
So the title insurance commitment you got before you bought it indicated that there were easements but you went ahead and bough it anyway. Is that correct?
 

Hunter11

Junior Member
Dis-closure

Yes, but with the title print out it showed the easements, but with the survey it showed very slight easement as in a foot or two not 25 feet, the county site which shows easements also showed about a foot also, not 25 feet. My understand, which I am sure could be wrong, even with title report, the SPDS in Arizona must be correct and with full dis-closure. The agent was specaiffically asked if a home would fit, the answer was no-problem. When we where looking at the land we where standing on the easement with the agent and builder, survey in hand and still no mention of it...
 

seniorjudge

Senior Member
Hunter11 said:
Yes, but with the title print out it showed the easements, but with the survey it showed very slight easement as in a foot or two not 25 feet, the county site which shows easements also showed about a foot also, not 25 feet. My understand, which I am sure could be wrong, even with title report, the SPDS in Arizona must be correct and with full dis-closure. The agent was specaiffically asked if a home would fit, the answer was no-problem. When we where looking at the land we where standing on the easement with the agent and builder, survey in hand and still no mention of it...

The agent was specaiffically asked if a home would fit, the answer was no-problem. When we where looking at the land we where standing on the easement with the agent and builder, survey in hand and still no mention of it...


Was any of this in writing?
 

Hunter11

Junior Member
Writing

No, not in writing, but I do have the SPDS that state there are no easements effecting the property? Line 29 marked "No"
 

seniorjudge

Senior Member
Hunter11 said:
No, not in writing, but I do have the SPDS that state there are no easements effecting the property? Line 29 marked "No"
Well, as I said, go talk to a real estate attorney. It will be a little difficult to prove that you could reasonably think there were NO easements when the title commitment plainly said there were.

But, share all the facts with the attorney and see if you have a case.

If nothing else, you can file a complaint with the state board of real estate agents.
 

Hunter11

Junior Member
Lawyer

Yes I shall do that, Arizona law, if I am correct states that the sale can be reversed if items where not disclosed, I do not want that, I want the extra I had to pay to get plans re-done...Thats all.....
 

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