Hill v. Jones
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Hill v. Jones | |
Court | Arizona Court of Appeals |
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Citation | 151 Ariz. 81, 725 P.2d 1115 |
Date decided | October 1, 1986 |
Facts
- Mr. & Mrs. Jones = sellers of a home = defendants = "Jones"
- Mr. & Mrs. Hill = buyers = plaintiffs = Hill = they agreed to purchase the residence of Mr. & Mrs. Jones (sellers).
- Jones told Hills that they are only water damage at a single spot in the home.
- Termite inspection revealed no infestation.
- Hill bought the house for $72,000 (home prices were lower in the 1980s).
- After moving in, Hill discovered major termite damage.
Procedural History
Hill sued Jones.
Jones won a summary judgment in the trial court.Issues
Does a seller of residential property have a duty to disclose to the buyer material facts that affect the value of the property?
Arguments
Hill argued that Jones had failed to disclose the termite damages
Holding
Yes. The seller (Jones) does have a duty to disclose this material fact.
Judgment
Reversed the summary judgment. Case remanded for trial
Reasons
Disclosure of a material fact will prevent false representation of facts.
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