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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33178
Experience:  15 years real estate, Realtor. Landlord 26 years
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We purchased 70acres of land and now found out we have no access

Customer Question

We purchased 70acres of land and now found out we have no access to the land when it rains and the seller never disclosed any of this. We found out from the company that grades the roads in the ranch we have lost over 12,000.00 we just want our money back
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Have you gotten estimates for the cost of installing some type of permanent access that won't be affected by the water?.Did the seller complete a "Seller's Disclosure of Property Condition" prior to you purchasing the property?.And if so, did they disclose anything at all about any flooding or water problems?..thanksBarrister
Customer: replied 6 months ago.
The seller signed disclosure statement saying nothing to disclose. The company that grades the roads sent us a 3 page email stating that when it rains we will have no access to the property
Customer: replied 6 months ago.
We just want our money back
Expert:  Barrister replied 6 months ago.
Ok, when a seller is selling residential property in Arizona, they are required by law to tell the prospective buyer certain things about the property’s physical condition. An Arizona seller has a duty to disclose important facts that might negatively affect the value of the property. (Hill v. Jones, 151 Ariz. 81, 725 P.2d 1115 (1986).).So if the seller knew about the water issues and failed to disclose them, that is misrepresentation at best and outright fraud at worst. In either situation, it would give you the right to sue them for breach of contract to rescind the sale and get your money back..However, you would need to confirm that the problem exists and prove it to the court. You can't just rely on a company who grades roads (who may want to sell you something) that the problem exists and you would need to document it with photos or video so as to be able to prove to the judge that there is a real problem with access that the seller knew or should have known about...thanksBarrister
Customer: replied 6 months ago.
We have photos, documents and I would like to file law suit to get my money back the person is a professional excavator.
Expert:  Barrister replied 6 months ago.
Ok, good, it sounds like you have what you need to move forward with a lawsuit based on breach of contract. The problem you are going to run into here is that AZ small claims court is limited to $2500 and if you are talking about $12,000 you are going to have to hire an attorney to sue them in a higher court. .With that said, you should be able to get any reasonable attorney fees back since there is fraud and misrepresentation involved here, but you will have to pay an attorney up front to get them on the case...thanksBarrister

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