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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26821
Experience:  16 yrs. of trial experience
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I am in a lease to purchase. I trusted the original disclosure

Customer Question

I am in a lease to purchase. I trusted the original disclosure document that said no defects. The home by inspection is full of defects. do I still have to pay the original price?
Is there anything I can do about the disclosure statement being a lie by the realtor/owner?
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an Arizona attorney with over 12 years experience. Hopefully I can help you with your legal question.

You do not have to pay the original price...but you can not force them to take a lower price.

Under Arizona law, if you are in contract, as the buyer, to purchase a home, you have the right to "inspect" the home during the inspection period. The amount of time you get to inspect should be stated in the contract. During this time, you have the opportunity to personally inspect, as well as to hire professionals to inspect the home.

If, after you perform your inspection, you notice defects in the home, you have a few options

1. You can cancel the contract and recover your deposit money

2. You can go to the seller and attempt to negotiate a resolution. For example, you can offer less money, or demand they correct the defects. This turns your contract into a "counter offer" by you. If you do this, the seller has the option of accepting or rejecting your offer, or continuing to negotiate with you over this

So this really is your choice.

If you are still in the inspection period, you can walk away, or demand they lower their price. But if you demand they lower the price and they refuse? Then you are stuck with either continuing on with the original contract or walking away. There is no legal way to force them to lower the price.

Customer: replied 1 year ago.

I already knew that answer. I had the home inspected right after move in.They lied on the declaration statement badly. There are big issues here that they refuse to fix, even with purchase. should they be reported for falsifying the report? I spent 10,000 to move here. Is their anyway I can use this to buy more time to qualify for the higher amount?

Expert:  P. Simmons replied 1 year ago.
Perhaps. IF you can prove fraud. That is, if you can prove that they lied to you in the negotiation of the contract, then you can seek damages.

Now...it is unlikely a court would order sale at a lower prices. However, you can seek the money you lost as a result of their fraud. So, for example, if you spent $10K on this and it was based on their lies? You can sue them to recover this amount.

As for buying time? Not likely...what you describe is a contract complaint. If you can prove they lied to you in the negotiation of the contract, you can sue them for the amount of money you lost because of their fraud...but more time would not be a remedy a court would likely award.

So money? Yes. Time? Likely no


Let me know if you have more questions....happy to assist if I can

Customer: replied 1 year ago.

These people are realtor/brokers. is it right that they get to lie on their disclosure statement with no repercussions?

Expert:  P. Simmons replied 1 year ago.
No. That is not permissible. IT is not permissible for them to lie to you

So you can certainly use the fact they lied in your lawsuit to recover the money that you lost.

And you can also report this to the state board or realtors, since if they are lying and you can demonstrate that, it can be used by the state board of relators to impact their license status.

P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26821
Experience: 16 yrs. of trial experience
P. Simmons and 12 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

hello;


As to filing the complaint with the board of realtors. I have started that now and only have until the 31st. before they want me to cancel the purchase contract. Could take three days for them to respond. Does the contract have to be in force for the complaint to stay valid?

Expert:  P. Simmons replied 1 year ago.
No...no way. That would be a silly rule (to require you be in contract to have a complaint be valid). I would not be of service to the public.

No, if they lied to you...and you can show it? I would expect the licensing board to take action regardless of the status of the contract

Customer: replied 1 year ago.

I originally signed the lease to purchase with my husband. he never moved in and has now completed a divorce. Is he still liable for this contract? We did have a prenup and he is already married again.

Expert:  P. Simmons replied 1 year ago.
Depends...what did the divorce decree say about this?
Customer: replied 1 year ago.

nothing. he did not bring this issue up. Just said we were single adults with his and her assets.

Expert:  P. Simmons replied 1 year ago.
That is an issue...that is, if there was a joint contract, the divorce court should have addressed it...is there a reason that they did not?
Customer: replied 1 year ago.

here's some background;


 


Only knew husband for less than 1.5 yrs. We were just married a year. I sold my property to move to a home that should of been community property. He never moved in as he left during the move. He filed the paperwork. I was so busy and hurt that I did not think about the new place. he never brought up the new place in the paperwork. he just said to me the financial responsibility was all mine. he told me he would not sign anything else that pertained to the house or us. I paid the deposit. The court did not know of this contract.

Expert:  P. Simmons replied 1 year ago.
Thank you

That makes it tough...that is, if it was never acknowledged in the divorce, it will make it tough at this point for you to "go back" and, through the court, hold him liable for this. Perhaps not impossible...but it would be complex, since as I mention, this should have been resolved with the divorce...since it was not, it would require going back to the court to reopen the property settlement of the divorce...not easy to do.

The landlord/seller can...certainly...since they have his name on the contract and they were not involved in the divorce.

So technically he is liable. But not to you. Only to the landlord/seller.

Customer: replied 1 year ago.

Thank you very much.


Because of this, I am not able to purchase this home myself. have a good weekend.

Expert:  P. Simmons replied 1 year ago.
Yes Ma'am
Thank you
Phil
Customer: replied 1 year ago.

Hello;


 


Is it possible for you to recommend a lawyer near Mesa for this owner/realtor issue?


 


Thank you, Lore

Expert:  P. Simmons replied 1 year ago.
Good morning.

The rules prohibit a by name referral

But I can provide you Maricopa County Bar Lawyer Referral Service 602.257.4434

As a good resource

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