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Asked by crzychicanita21, Chandler, AZ Mon Jun 3, 2013

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Answers

8
Doug McVinua, Agent, Gilbert, AZ
Mon Jun 3, 2013
It depends on what you purchased from whom and what documents were used. The standard Arizona Association of Realtors contract calls for a Property Disclosure Document that has a question that includes scorpions.

What paperwork was used for your purchase?

Did you get the disclosure?
1 vote
not sure.. i have all the paper work.. its been two years since i purchased the property.. is there a time limit on taking any action ?
Flag Mon Jun 3, 2013
June, Both Buyer And Seller, Phoenix, AZ
Mon Jun 3, 2013
Yes, it should have been disclosed, Getting those disclosures is one the things your agent should have made sure you received . Have you asked your agent about it? If you used an agent follow up with him to see what happened. You may have waived your right to those disclosures. If you did not use an agent, you will probably have to use a lawyer for advice and review of your documents.
1 vote
we bought the property in march of 2011. But we spoke to the neighbors and they have had a problems with scorpions as well way before we moved in.. i am going to review all my documents and see if there is anything that i can do.. unfortunatly the agent i used when i purchased my first porperty wasnt very helpful.. Thanks for your time and your help!
Flag Mon Jun 3, 2013
If the scorpions just started to show up now, there may be nothing you can do. That may be a new problem, which didn't exist when the property was sold to you. If you can proof that the problem existed when you bought the house and it was not disclosed, you may have a case. But that does not seem to be the case here.
Flag Mon Jun 3, 2013
Thank you so much for your response! I did use an agent .. and we had a home inspection but there was no sign of the scorpions when we moved due to the weather at that time.. its been two years since then. i contacted my agent when my sister got stung by one but he said he wasnt sure there was anything he could do for us and recommended a pest control company to us.. its been two years since i purchased this house .. is there anything i can do about it at this point?
Flag Mon Jun 3, 2013
Mary Ann Mon…, Agent, AZ,
Mon Jun 3, 2013
Check your SPDS and Home Inspection Report. If you have a lone, then you needed a Termite Inspection that may have picked up on the scorpions!

Good Luck!
1 vote
Thank you.. We did but they never mentioned scorpions.. that would have been a deal breaker for me.
Flag Mon Jun 3, 2013
Robert Kroon, Agent, Phoenix, AZ
Mon Jun 3, 2013
Yes............................... (Sorry for the redundancy, Trulia says the three letter answer was too short )
1 vote
Thanks!
Flag Mon Jun 3, 2013
Troy Erickson, Agent, Chandler, AZ
Mon Jun 3, 2013
Debi and Patty have done a great job explaining to you whether scorpions on the property should have been disclosed to you or not. A reliable and professional real estate agent would have discussed with you prior to your purchase whether you would be receiving a Seller's Property Disclosure Statement (SPDS) from the seller, or whether you would have to waive the disclosure and the ramifications of waiving that document. As stated below, obtaining a SPDS from the seller depends on who the seller of the property was. On the SPDS is a specific section that asks the seller if they have observed scorpions on the property, as well as asking if the property is, or has been treated for pests or insects.

Scorpions, black widows, crickets, cockroaches, and termites thrive in the Arizona desert, which is what Chandler was before a city was built here. Most neighborhoods will have these, and other insects that will require pest control to eliminate them.

However, if the previous sellers knew of the scorpions, it should have been disclosed to you. You have the option to speak with a Real Estate Attorney to determine if you have any recourse.
0 votes
Patty Fisch, Agent, Gilbert, AZ
Mon Jun 3, 2013
If the prior owners were aware and you did not waive your rights to the Seller Property Disclosure Statement, then yes - you should have been informed through that document. Check with you Realtor if you need help finding these forms. There are times when the seller (prior owners) are not aware (eg bank owned homes, auction homes, investor owned homes). If you feel the prior owner was aware and intentionally indicated the home never had scorpions - you may want to talk with a Real Estate Lawyer about your options. Sometimes it is difficult to obtain proof - talking with neighbors, finding out if there were prior pest companies at the home, etc.. may help in discovery.

With that said, I still recommend pest control in AZ as spiders, roaches, scorpions, crickets, ants are prevalent in the area regardless. Scorpions are very difficult to get rid of - one method that helps cut down on the population is to hunt them at night with a black light. They tend to be on concrete block walls, stucco walls, yucca type plants, palm trees. Mostly come out during warm weather - March to October. Other methods folks have used are diatomaceous earth, sealing your home, caulking around cabinets, plumbing fixtures. They also like areas near water, former farm land, palm tree farms, and areas near hills or mountains. Cutting down on their food supply also helps - hence having pest control on a regular basis can prevent scorpions.

Best wishes...
0 votes
Debi Gotlieb, Agent, Chandler, AZ
Mon Jun 3, 2013
I concur with Doug's answer and agree that "it depends". If you purchased a bank owned property, then, the bank would not know about any scorpion issues. There are some REALTORs that are asking buyers to waive the Sellers Property Disclosure. If you chose to do so, then you waived disclosures. If the home was a rental previously, the seller may not have known. Additionally, I had a client that didn't have scorpions for 20 years and, one of his neighbors did some landscaping and brought dirt in . . . guess what else he brought . . . scorpions. Sometimes the neighbors have heard and during your inspection period, when you spoke to the neighbors, if that was a concern, you may have asked. Scorpions tend to hibernate in the winter, so if you bought a home from a snowbird, they may not know. Or, if you bought a home from someone that had a cat, they may have never seen one. I don't think this is a yes or no question. If the sellers were completely aware they had scorpions and you received a Seller's Property Disclosure the answer is YES, they should have disclosed. In the meantime there are things you can do to seal the home, keep food sources away, go outside at night with a blacklight and start killing them. I have a few trusted companies I would tell you to call to alleviate (as much as possible) these pests. You can call me and I am happy to share their names.
0 votes
Stephanie We…, Agent, Gilbert, AZ
Mon Jun 3, 2013
While the Seller Property Disclosure Statement (SPDS) does ask the seller if they have observed scorpians, that's not a guarantee....this is Arizona and scorpions are indigenous to the area...you most likely will see a scorpion once in awhile. Get a company that can spray the bugs to kill their food sorce. I have lived all over the valley and in certain areas, never saw one scorpian and others they showed up frequently. All the best!
0 votes
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