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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I have a situation where the Seller of the property I purchased

Customer Question

I have a situation where the Seller of the property I purchased lied on the Sellers Disclosure Document that noise did not adversely affect the property. However, located behind the privacy wall at the back of the property is the loading dock for a Snr's Development, consequently the noise from delivery trucks backing up and idling while they unload can be heard throughout the house. According to neighbors the Seller had tried to rent the house out over the last two years but snowbirds were not willing to return to the property because of the noise. The Seller also resided in the property during the winter months for at least 6 years, so he was fully aware of the noise. Seller is a Canadian Corporation, however he does still own another property here in Arizona. First question is- is there a statute of limitations for suing on these issues, and second- when the Seller is a Corporation can an asset in his personal name be attached with a lien?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 11 months ago.
Dear Customer,Thank you for using our forum. My name is ***** ***** I look forward to assisting you today.The statute of limitations for fraud is 3 years in Arizona.The cause of action is against the individual (they were the one that made the actual misrepresentation, not the entity - a corporation does not make representations, individuals do).However, most plaintiffs will sue both the individual and the corporation.This will allow you to pursue the individual's other property to secure any judgment that you may get against them. (These liens usually stay against the property until the property is either sold or refinanced, then the judgment is paid off - it is not common to actually force a sale on the property due to the costs of doing so and the complexities associated with it, but it is a good way to get paid, even if you have to wait, the judgment will continue to accrue interest until it is paid off).

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