In the course of representing a client a lawyer shall not knowingly: (a) make a false statement of material fact or law to a third person; or (b) fail to disclose a material fact when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by ER 1.6.
ER 1.6(a) prohibits a lawyer from revealing information relating to the representation of a client. This is true even for information that may otherwise be available to the public. See ABA Formal Op. 479.
Rule 1.9 - Duties to Former Clients (a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives ...
Arizona Law on Residential Real Estate Disclosures An Arizona seller has a duty to disclose important facts that might negatively affect the value of the property. This comes primarily from a court case called Hill v. Jones, 151 Ariz. 81, 725 P.
Sellers are obligated by law to disclose all known material (important) facts about the Property to the Buyer. The SPDS is designed to assist you in making these disclosures. If you know something important about the Property that is not addressed on the SPDS, add that information to the form.
Rule ER 1.4 - Effective until 1/1/2025 Communication (a) A lawyer shall: (1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in ER 1.0(e), is required by these Rules; (2) reasonably consult with the client about the means by which the client's ...
Diligence. A lawyer shall act with reasonable diligence and promptness in representing a client.
The Seller Property Disclosure Statement (SPDS) is a legally required document in Arizona that compels sellers to provide detailed information about known material facts regarding a property. This improves transparency during real estate transactions and promotes trust between buyers and sellers.