Is it SO difficult to Disclose?

By David Baker

I'm a Laveen Az 85339 area realtor, but I'm pretty sure that the practice of disclosing is pretty much enccouraged outside my area as well.  Right?

So in Arizona, we have what is commonly referred to as the Seller Property Disclosure Statement.  So form helps home sellers disclose material information they have knowledge about, in regards to the home.  This is actually something that is required in Arizona by law, to disclose to buyers anything known by seller that could affect buyers decision to purchase home.

Here in Arizona, or atleast in Laveen and South Phoenix, many sellers seem to refuse to provide a SPDS form.  Often times as investors fliping the home, they have buyer waive the SPDS form stating seller has never lived in home and does not have knowledge of home.  I think that they would take the time to fill it out though, if the were truly informed that it is a state LAW (Hill v. Jones, 151 Ariz. 81, 725 P.2d 1115 (App. 1986)).  

Even if the seller never lived in the property, they should be able to fill out the form to the best of their knowledge.  For instance:

1.Address of property

2. date purchased

3. who provides utilities

4. any electrical or plumbing problems

etc............

Better to disclose now, than have to fight a lawsuit in the future for failure to disclose.  Call me crazy.