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S DEV. CO. v. PIMA CAPITAL MGMT. CO.

No. 1 CA-CV-00-0347.

31 P.3d 123 (2001)

201 Ariz. 10

The S DEVELOPMENT COMPANY, an Arizona corporation; and Presidio North Limited Partnership, an Arizona limited partnership, Plaintiffs-Appellees, v. PIMA CAPITAL MANAGEMENT CO., an Arizona corporation; and Lincoln Life & Casualty, a Nebraska corporation, Defendants-Appellants.

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

August 30, 2001.

Attorney(s) appearing for the Case

Dalton Gotto Samson & Kilgard, P.L.C. by Ron Kilgard and Mark A. Fuller, Phoenix, Attorneys for Plaintiffs-Appellees.

Osborn Maledon, P.A., by David G. Campbell and Thomas L. Hudson, Phoenix, Attorneys for Defendants-Appellants.

OPINION

GARBARINO, Presiding Judge.

¶ 1 We are called upon to determine the effect, if any, that a disclaimer of warranties, or an "as is" provision, in a purchase contract for, commercial property has on a vendor's duty to disclose defects in the physical condition of a property being sold. We hold that latent defects in a property sold "as is" that are known to the vendor must be disclosed to the purchaser. We also hold that a vendor may be held liable...

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