Legal Opinion

Lerner v. DMB Realty, LLC

Court of Appeals of Arizona

Decided February 13, 2014No. 1 CA-CV 11-0339PublishedCited by 16 opinions

1Opinion of the Court

*400OPINION

As Modified

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) (2014), which prohibits a civil action against a seller or real estate broker for failing to disclose that a home is located “in…

2Cases cited25 opinions

  1. Zobrest v. Catalina Foothills School DistrictSupreme Court of the United States · 1993
  2. Ollerman v. O'Rourke Co., Inc.Wisconsin Supreme Court · 1980
  3. Wells Fargo Bank v. Arizona Laborers, Teamsters & Cement Masons Local No. 395 Pension Trust FundArizona Supreme Court · 2002
  4. Coleman v. City of MesaArizona Supreme Court · 2012
  5. Cullen v. Auto-Owners InsuranceArizona Supreme Court · 2008

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3Cited by16 opinions

  1. Garcia v. Chrysler Group LLCDistrict Court, S.D. New York · 2015
  2. Dimitri Shivkov v. Artex Risk Solutions, Inc.Court of Appeals for the Ninth Circuit · 2020
  3. Joshua David Mellberg LLC v. WillDistrict Court, D. Arizona · 2015
  4. US Airways, Inc. v. Qwest Corp.Court of Appeals of Arizona · 2015
  5. Estate of Emil Kuhling by Richard W. Kuhling v. Taylor GlazeSupreme Court of Vermont · 2018

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