questions & answers

Question: I agreed to purchase a home I believed was owned free and clear by the owner with owner financing. I later learned the owner did not own the home free and clear, and when costly repairs come up he refused to help defray the costs. Was I protected under the tenant landlord act and can he foreclose as he is threatening? I have already moved out and found a new place to live.

Answer: The Landlord Tenant Act applies to property that is rented and not owned. Whether or not the previous owner is responsible for costly repairs will depend on the terms of the contract you signed. There are different types of deeds which dictate the type of recourse a buyer has against the seller of real property. A quit claim deed merely states that the grantor conveys whatever interest in the property they have, if any. There is no guarantee or warranty on the property. A warranty deed provides warranties against the title. See A.R.S. 33-402. Look at your deed to see which type you have. Please consult an attorney regarding your rights.