Legal Question in Real Estate Law in Arizona

Re: appliences

If you did not notice that the appliances were not new, it is unlikely that the realtor was aware of that fact. I don't think you will be able to hold the realtor responsible unless you can prove that the realtor knew the advertising was false. Perhaps the appliances were used only a few times and could still technically be considered new.

The amount of damage you have suffered is the difference between the value of the "new" appliances in the house and the cost of new appliances. My advice to you is to be happy with the "like new" appliances and forget about this. Litigation is very expensive, time consuming, and stressful, and probably now worth the effort. There is also a good chance that the court would find the appliances were "new enough" to be considered new, and you could end up having to reimburse the seller for his costs and attorney's fees. I don't think the potential award you might get by suing the seller is worth the substantial risk you would be taking.

However, if you wish to pursue it, you should first ask the seller to provide new appliances as advertised. If he refuses, your best recourse would be to limit your risk by suing the seller in small claims court where attorneys are not allowed and claims are limited to $2,500 or less.