Crime & Safety in Avondale>Question Details

Cory, Both Buyer and Seller in Avondale, AZ

Do we have recourse against builder for not being honest about the area and not giving us reliable?

Asked by Cory, Avondale, AZ Mon Apr 21, 2008

information about the area. Issues are my tenant being held up by gun point, lots of crime, as well as smells from dairy farms so bad you cant even breath outside after dark

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7
Cory,

Prior to the purchase had you researched crime stats in the city? Are they different now to those before your purchase? As mentioned, the public report will have proximity information to any dairy farms or nuisances in the area. Was your agent familiar with Avondale and did you discuss this with them prior to purchase?

As for recourse, look to an attorney for details on any action you may have against the builder.
Web Reference: http://www.joearizona.com
1 vote Thank Flag Link Tue Apr 22, 2008
Good morning Cory,

Truth be told Cory, this is a legal question and should only be answered by a qualified real estate attorney. Make sure and get all your documents together, especially the Public Report provided by the builder, and get some professional advise.

The good news is that you are now a more knowledgeable buyer. Next time you will probably have your own seasoned real estate agent working on your side. You will be very persistent during the inspection period and perform your own due diligence. A good agent will advise you to review crime stats, hang out in the area during different times of day, talk to neighbors and the police and look at the home and area with a cautious eye.

Good luck.
Web Reference: http://www.urbanteamaz.com
0 votes Thank Flag Link Tue Apr 22, 2008
Cory,
Sorry for the bad experience. Did you visit the property before your purchased? Did you have a Buyer's agent? Crime stats are readily available online and well the smell, it may get worse the heat. Here is a document that may save you some greif next time http://www.aaronline.com/documents/buy_advis.pdf . Caveat emptor is Latin for "Let the buyer beware".
Web Reference: http://bradbergamini.com
0 votes Thank Flag Link Mon Apr 21, 2008
You probably singed off on a "public report" that contained all of this information.

Did you purchase the home without the help of a "buyer's agent" who could have pointed these items out in the public report. With al due respect to Brad, last time I checked people love milk, cheese and ice cream so I don't think the dairy farms are going away anytime soon.

If anyone else is reading this then please, please, please do not go to a new home subdivision without an agent (REALTOR) who can represent you as a buyer's agent and help you make a good purchase decision.

Below is a link that you need to review.
0 votes Thank Flag Link Mon Apr 21, 2008
In Arizona, the builder is required to give the buyer a public report. Did you receive this report?
0 votes Thank Flag Link Mon Apr 21, 2008
The majority of builders have a legal team that prepares required disclosures either in the body of the contract, or as a separate addendum. They generally include a stipulation that no future development (in your case, existing with a smell) is the responsibility of the builder, and that all representation is in writing- no verbal from an overenthusiastic on site salesperson (I was one for many years, so am familiar with contract contents). The issues that you mention would require, in all likelihood, that you establish unacceptable conditions yourself before making the purchase. Not ideal, but their objective is to sell out the community.
Web Reference: http://optionsrealty.com
0 votes Thank Flag Link Mon Apr 21, 2008
Cory,

Unfortunately, legal recourse is not really an option. It's up to the buyer to verify all information. Of course, a builder SHOULD give honest and reliable information but in times where sales may be few an far between, a builder's sales agent may stretch the truth to get the sale. Or, simply be uninformed ... a builder will tell their agents what to say - sometimes in even script form.

A builder only has to disclose certain items and crime and dairy farm smells are not any of those items.

Sorry you've had such a poor experience! Of course, those dairy farms' days are numbered!
0 votes Thank Flag Link Mon Apr 21, 2008
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