By Jones Osborn II

We've all heard the phrase "caveat emptor" - let the buyer beware. This is still the general rule for the sale of real estate, and it means that the seller generally has no affirmative duty to disclose to the buyer defects or unfavorable attributes of the property he is selling.

There are exceptions, however. One exception in Arizona is that sellers are required by law to disclose to potential purchasers of residential property that the property is located "in the vicinity" of a military airport.

According to Arizona law, the Arizona Department of Real Estate is required to prepare maps indicating which properties are so located. The seller must then inform himself of this information and disclose it to the purchaser.

Apparently, the statute is designed to warn purchasers of residential property that there may be noise problems, and potentially even crash problems, with the property they are considering for purchase. It is not clear whether the statute applies only to existing houses and apartment buildings, or whether it also applies to raw land that is zoned for residential purposes. The statute simply refers to "residential real property."

Strangely, the disclosure is not required for civilian airports, although the law does provide that any municipality operating an airport may establish areas affected by the airport. If a municipality does establish such areas it is required to record this information with the County Recorder to give notice to all future purchasers of such property that is near a civilian airport.

The statute provides no explicit remedy for failing to make the required disclosure. However, it seems possible that the failure to make a disclosure required by law could be considered fraud, perhaps giving the buyer the right to seek rescission or damages.

Conclusion. If you are selling property that is near a military air base, check with the Arizona Department of Real Estate to see if your property is legally considered to be "in the vicinity." If it is, disclose it in your sales contract and in your deed.

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The statute referred to above is A.R.S. § 28-8484.