This case is about a dispute between buyers and sellers of a house. The buyers claim that the sellers did not disclose the history of termite infestation and caused misrepresentations which led them to buy the house. They filed a lawsuit to void the purchase agreement. The trial court granted judgment in favor of the sellers, stating they had no duty to disclose and dismissing the misrepresentation claim. The buyers appealed the judgment.

During discovery, it emerged that the sellers received two termite guarantees and a diagram showing the termite treatment when they purchased the house in 1974. They did not disclose any information about the past termite infestation and treatment, including to the realtor or termite inspector. Two separate occasions, while the sellers were away, the neighbor noticed “streamers” referring to live termites in the wood tile floor close to the entryway. On both occasions, Truly Nolen gave a booster treatment for termites.

Hill v. Jones (1986)
Arizona Court of Appeals
151 Ariz. 81, 725 P.2d 1115

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