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VERMA v. STUHR

Nos. 1 CA-CV 07-0576, 1 CA-CV 07-0747, 1 CA-CV 08-0052.

221 P.3d 23 (2009)

Kuldip VERMA and Binu Verma, husband and wife, Plaintiffs/Counter-Defendants/Appellees/Cross-Appellants, v. Tyson S. STUHR and Stacy E. Stuhr, husband and wife, Defendants/Counter-Claimants/Appellants/Cross-Appellees. Kuldip Verma and Binu Verma, husband and wife, Plaintiffs/Counter-Defendants/Appellees/Cross-Appellants, v. Tilley Farms, Inc., an Arizona corporation, Defendant/Counter-Claimant/Appellant/Cross-Appellee. Kuldip Verma, Trustee of the Binu Verma M.D. Profit Sharing Plan, Plaintiff/Appellee/Cross-Appellant, v. Andrew M. Dougherty and Katherine Dougherty, as Trustees of the Dougherty Living Trust, dated January 30, 2003, Defendant/Appellant/Cross-Appellee.

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

October 29, 2009.

Attorney(s) appearing for the Case

Lang & Baker, PLC By David R. Baker, Scottsdale, Attorneys for Plaintiffs/Appellees/Cross-Appellants.

Jennings Strouss & Salmon, PLC By Jeffrey P. Boshes, Phoenix, Attorneys for Defendants/Appellants/Cross-Appellees Stuhr.

Jennings Strouss & Salmon, PLC By Jeffrey P. Boshes, Phoenix, Attorneys for Defendant/Appellant/Cross-Appellee Tilley Farms.

Paul G. Ulrich, PC By Paul G. Ulrich, Phoenix, Co-Counsel for Defendants/Appellants/Cross-Appellees Dougherty.

Jennings Strouss & Salmon, PLC By Jeffrey P. Boshes, Phoenix, Co-Counsel for Defendants/Appellants/Cross-Appellees Dougherty.

OPINION

SWANN, Judge.

¶ 1 Three similar cases require us to decide when A.R.S. § 33-422 permits a buyer to rescind a contract to purchase real property. In each case, the buyers had actual knowledge of a federal flood easement over the subject property within the time provided for due diligence under their contracts. In each case, the buyers affirmatively elected not to terminate the contract after learning of the defect in title created by the...

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