Lerner v. DMB Realty, LLC

OPINION

JOHNSEN, Judge.

¶ 1 After Glen and Robynn Lerner unwittingly bought a home next door to a registered sex offender, they sued the couple who sold them the home and the real estate broker that represented both couples in the transaction. The defendants moved to dismiss, arguing the Lerners’ claims of fraud, misrepresentation and breach of fiduciary duty were barred by the sales documents and by Arizona Revised Statutes (“A.R.S.”) section 32-2156(A)(3)(West 2012), which prohibits a civil action against a seller or real estate broker for failing to disclose that a home is located “in the…