Legal Question in Real Estate Law in Arizona

Purchase contract breach

Question from Inabind 6:18 AM

I backed out of a buying a home b/c the seller did not provide appropriate docs that were required in contract (Seller Property Disclosure Statement, Insurance History Report, repair receipts, etc.) She did not comply w/ conditions and terms of the contract, she did not have satisfactory repairs, and she was evasive when asked about prior home repairs. There were no real estate agents involved in the transaction but her ''friend in real estate'' help draw up the docs. Basically just very shady and evasive. Now she is suing me for breach of contract. Public record shows that she owns multiple properties and also has been involved in other law suits (both of which she did not prevail). So she obviously has real estate experience and was well aware that we were entitled to these docs, yet she failed to provide them even when asked about it. In short, I think that she is just a bully who tried to take advantage of us and is now trying to scare us into buying her home. I saw a lawyer yesterday who pointed out her noncompliance issues. Does she have a case? Do I have a case against her for being unfair and unethical? What about her ''real estate friend'' who did not fairly


Asked on 5/16/09, 10:08 am

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Re: Purchase contract breach

It is impossible to answer your questions without seeing the actual purchase contract and reviewing the facts in detail. It sounds like you have good cause to terminate the purchase agreement and you may have a counter claim against the seller and her "friend in real estate" (even stronger, if that person is a licensed real estate agent).

You could meet with me for the purpose of the above review, on a fixed fee basis for the consultation, and then, it is up to you to decide what course of action you want to take.

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Answered on 5/16/09, 12:47 pm


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