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HILL v. JONES

1 CA-CIV 7889.

151 Ariz. 81 (1986)

725 P.2d 1115

Warren G. HILL and Gloria R. Hill, husband and wife, Plaintiffs-Appellants and Cross-Appellees, v. Ora G. JONES and Barbara R. Jones, husband and wife, Defendants-Appellees and Cross-Appellants.

Court of Appeals of Arizona, Division 1, Department B.

Reconsideration Denied April 23, 1986.

Review Denied October 1, 1986.

Attorney(s) appearing for the Case

Knollmiller, Herrick, Brown & Arenofsky by Thomas N. Swift, Tempe, for Warren and Gloria Hill.

Johnson & Shelley by Bryn R. Johnson, Mesa, for Ora and Barbara Jones.

OPINION

MEYERSON, Judge.

Must the seller of a residence disclose to the buyer facts pertaining to past termite infestation? This is the primary question presented in this appeal. Plaintiffs Warren G. Hill and Gloria R. Hill (buyers) filed suit to rescind an agreement to purchase a residence. Buyers alleged that Ora G. Jones and Barbara R. Jones (sellers) had made misrepresentations concerning termite damage in the residence and had failed to disclose to them...

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