S Development Co. v. Pima Capital Management Co

In S Development Co. v. Pima Capital Management Co., 201 Ariz. 10, 31 P.3d 123 (App. 2001), the Court held that an "as-is" clause may bar a claim relating to a latent defect only to the extent that the buyer reasonably may discover the defect. Id. at 16,12, 31 P.3d at 129. The Court also held that whether an undisclosed fact is so "basic" to a transaction that it may trigger a duty to disclose is normally a question of fact, as are questions about whether the buyer had a reasonable opportunity to discover the defect. Id. at 18,17, 31 P.3d at 131.