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.
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.