Am I required to provide an Insurance Claims History Report ‘ to a buyer when selling property in ‘ AS IS ‘ CONDITION ?

UPDATED: Oct 1, 2022

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Am I required to provide an Insurance Claims History Report ‘ to a buyer when selling property in ‘ AS IS ‘ CONDITION ?

I’m selling my property in ‘ AS IS ‘ CONDITION and want to know if by Law I’m
required to provide the buyer with an ‘ Insurance Claims History Report ?

Asked on February 5, 2018 under Real Estate Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the buyer insists on this before signing the contract to buy the home, or if it is in the contract they have signed, you would have to do this: otherwise, they could refuse to sign/buy (if they haven't signed yet) or else sue you for breach of contract (if a requirement for this is in the contract). On the other hand if they already signed a contract which does not require this, you have no legal obligation to provide it. 
The above said: even with an "as is" sale, if you fail to disclose any latent or hidden conditions (such as water damage in the walls, structural damage from a fire that is not visible, etc.) which you are familiar with or aware of, you will have committed fraud and could be  sued by the buyer if/when he discovers the issues.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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