Tuesday, July 01, 2008

Arizona Homeowners: Bee-ware of Bee Hives!

Written By: Scott Hubbard Certified Home Inspector, ASHI® Member Homewerx Home Inspections Office: (480) 503-2611 Toll Free: 1-888-THE-WERX Email me or Schedule a Home Inspection Online!

Posted by Scott Hubbard, Arizona Home Inspector on July 1, 2008 | Permalink | Comments (7) | TrackBack

Friday, June 13, 2008

Do You Have The Right Amount Of Insurance On Your Home?

Recently, the Arizona Department of Insurance issued a press release on Wildfire Awareness.  While forest wildfires won’t impact those of us in the city, the information is important to all homeowners.

1. Do you have the right amount of insurance?  Marshall Swift/Boeckh, one of the national leading companies in property valuation, estimates that 66% of US homes are underinsured by an average of 18%.  You can get a list of replacement cost estimators at the AZ Department of Insurance website or visit my site at InsuranceRenegade.com for an online form.

2. Do you have the right type of insurance?  Flood and earthquake isn’t covered in your homeowner policy.  Do you operate a business out of your home?  Do you have replacement cost on your home and contents?  Do you have inflation guard?  Do you need to appraise any unique items for proper coverage? Etc.  Visit floodsmart.gov for consumer information on flood insurance.

3. Do you keep an inventory of your property?  If you have a claim, will you remember everything you own and will you be able to quickly itemize it for your adjuster?  You can try this free home inventory tool from the Insurance Information Institute.  You can also walk around your home with a video camera and record a video tour.  Technology has made it easy to store either of these electronically online so if there’s a loss you can easily retrieve it.

4. Check your smoke alarms and dryer vent hoses.  Change the batteries at least once per year in all smoke detectors.  Clean out your dryer vent hose to avoid a fire.  Practice an evacuation plan in case there is a fire.

I always recommend consumers visit the Arizona Department of Insurance website.  There is a wealth of information to help you protect yourself.

		Written By:  Matt Fox President - Fox Insurance Services, LLC (480) 699-7222 InsuranceRenegade.com
Click Here for an “Instant Callback” to speak with our office about your protection!

Other Articles Related to Insurance:
Common Home Insurance Coverage Misconceptions
Monsoons Make Arizona Homebuyers Rethink Toscana

Posted by Matt Fox on June 13, 2008 | Permalink | Comments (5) | TrackBack

Monday, June 09, 2008

Phoenix, AZ Road Rage Kills 70-Year Old Grandmother

Valley streets are dangerous and I can certainly understand getting frustrated at another driver now and then.  But it's hard to believe somebody would actually kill another person over a traffic altercation.  Hard to believe maybe, but it happens all too often.

Here's an article about a deadly road rage incident which took place in Phoenix over the weekend.  A 70-year old grandmother was shot and killed just for being a passenger.  A 4-year old child in the same car was shot in the arm and is in stable condition.

Police are still looking for the alleged shooter...the 26-year old male passenger of an older model white Ford Escort, which was being driven by a 21-year old pregnant woman.  Sounds like this couple will make great parents, huh?

I hate to see such negative news stories about our state, but this story has been all over the national news today.  Makes you wonder... what's our world coming to?  That's all I can say about this.

Written By: Shannon Hubbard Realtor®-Investor Great American Realty, Inc. Cell: (480) 695-6672 Email me

Posted by Shannon Hubbard, Arizona Real Estate Agent on June 9, 2008 | Permalink | Comments (4) | TrackBack

Thursday, May 08, 2008

Common Home Insurance Coverage Misconceptions

I’m constantly amazed (and I don’t know why still) at how many people don’t know what’s covered and what’s not covered under their homeowner policy.  When someone calls us for a quote, I have a list of questions to go through to make recommendations and make sure someone isn’t paying for something they don’t need or want.  Often people tell us they have something covered and then when I point out in their policy it’s not, they’re shocked.  Here are a few of these common items that are NOT covered under your home insurance policy:

• ATVs & motorcycles. They have their own policy.  There isn’t any coverage for these on your home insurance, even when they’re parked in your garage.  If they’re stolen, you’re paying out of pocket to replace them.
   
• “Replacement cost” on home.  Chances are you’ll never have a total loss of your home.  If you do your home insurance will only pay up to the ‘dwelling’ limits plus a little extra, usually 20%-50%, to replace your home.  Anything above and beyond is your responsibility.  There are a few companies that offer guaranteed replacement cost but most people don’t have it, ask your agent if it’s available.
   
• Boats. They have their own policy, and are in the same category as ATVs & motorcycles above but you may have up to $1500 in coverage depending on the insurance company.
   
• Home based business.  If you’re self employed and have business “stuff” at your home, there is very little coverage for the “stuff.”
   
• Jewelry, silverware, guns.  There is a small amount of coverage for these items for theft in the basic homeowner policy.  It’s usually around $1000-$1500 max.  If you have more you can increase the limit or buy a ‘floater’ policy.
   
• Building code.  Your home policy says it will replace the home to similar construction standards when it was originally built.  Older homes were built with older building codes.  If your home is a total loss, and in some partial losses, you’ll have to pay the increased to upgrade your home for the new building codes.  For example, Scottsdale requires fire sprinklers in all new homes.  You would have to pay to put the fire sprinkler system throughout your home.

There are many other small items that aren’t as common but may affect you.  Call your agent.  Ask what’s covered and what’s not covered.  If there’s something you’re afraid of losing, ask your agent.  Remember, the cost of insurance is the premium you pay plus the cost of any unpaid claims.

		Written By:  Matt Fox President  - Fox Insurance Services, LLC (480) 699-7222 InsuranceRenegade.com
Click Here for an “Instant Callback” to speak with our office about your protection!

Posted by Matt Fox on May 8, 2008 | Permalink | Comments (5) | TrackBack

Monday, April 14, 2008

Sheriff Joe Enforces Immigration Law, Phoenix Mayor Upset

Normally, I don't post on such political topics.  But this Arizona Republic article was so one-sided, I had to blog about it just to mention the part of the story the AZ Republic blindly disregarded.  Phoenix Mayor Phil Gordon is asking the FBI to investigate Sheriff Joe Arpaio for alleged civil rights violations.  The Mayor is complaining about Sheriff Joe's recent illegal immigrant raids because Mayor Gordon claims Sheriff Joe is using racial profiling.  In short, the Mayor is complaining that Sheriff Joe is enforcing the law.

I just wonder...is this the same Mayor Phil Gordon who recently gave press conferences about how he was going to end Phoenix's sanctuary city policy after a Phoenix police officer was needlessly shot and killed by an illegal alien?  I guess that was just for the news cameras.  When it comes to actually following through, perhaps a few more officers will have to be killed first.

And don't you love the way the Arizona Republic article mentions (more than once) that Mayor Gordon recently "called on Phoenix police to play a more active role in enforcing immigration laws".  But nowhere in the article does it mention that Mayor Gordon took that stance after a Phoenix police officer was needlessly shot in the face and killed by an illegal immigrant, in cold blood.  And this was an illegal immigrant who had previously been arrested for less serious charges and deported.  But apparently, anybody who wants to walk across our border and kill our citizens is free to do so (thank you for trying to keep it that way Mayor Gordon).

Mayor Gordon says Sheriff Joe should focus on real criminals.  Last I heard, being here illegally is illegal.  And when someone is killed needlessly by an illegal immigrant, doesn't it usually turn out that the killer was previously arrested for less serious crimes?  If authorities had only deported the person and meant it the first time, maybe we'd have one less dead Phoenix police officer.

I realize all illegal immigrants are not criminals, but as long as our borders are wide open, the bad guys are coming across too.  In my opinion, people like Mayor Gordon who scream 'racist' everytime someone tries to actually deal with the problem need to wipe the blood off their hands and face reality.  How many people have to be killed and how many children have to be molested before we finally decide to enforce our laws...and mean it.

We need to get past the politics and secure our borders... for real this time.  Until that happens, I say go Sheriff Joe!

Written By: Shannon Hubbard Realtor®-Investor Great American Realty, Inc. Cell: (480) 695-6672 Email me

Posted by Shannon Hubbard, Arizona Real Estate Agent on April 14, 2008 | Permalink | Comments (7) | TrackBack

Sunday, April 06, 2008

Selling a Home in AZ and Not Sure What to Disclose to the Buyer?

I recently received an email with this question about disclosure of sex offenders when selling a home in Arizona:

"Recently in USA Today 3/20/2008 in an article written by Matt Reed, he stated  " Arizona has one of the nation's toughest laws, requiring sellers and agents to disclose neighboring sex offenders to potential buyers."

Yet Arizona real estate law attorney Richard Keyt stated on his website the following: " The presence of a sex offender in the vicinity of the property is not a fact that is required to be disclosed by law."  His web page was last revised 3/23/2008.

Additionally, a form from the Arizona Association of Realtors, Residential Seller Advisory version 02/2008 stated: "By law, sellers are not obligated to disclose that the property is or has been: ( I'll skip to paragraph 3: located in the vicinity of a sex offender."

My question is has the governor or the legislation changed this provision of law recently? Who is correct?"

First, I have to say that I'm not an attorney so I can only address this question in the general sense and from a Realtor's perspective.  So do not consider my answer as legal advice, and ALWAYS consult an attorney for questions about your own specific situation.

Second, don't believe everything you read in the mainstream media!  Of course, you can't believe everything you read on the internet either.  But I do know bloggers who are much more thorough about checking facts than some of the major media outlets.

Arizona legislators are constantly updating our laws, and real estate disclosure is a hot topic.  However, I don't think a change to the law is the source of confusion in this case.  From my experience, I'd say all of the sources quoted are technically correct.  I think this is the USA Today article that was referenced in the question, here's the AZ real estate attorney who was mentioned, and here's the Arizona Association of Realtors (AAR) Residential Seller Advisory form.

The AAR Residential Seller Advisory does indeed state, "By law, sellers are not obligated to disclose that the property is or has been... located in the vicinity of a sex offender."  But if you keep reading, it goes on to say, "However, the law does not protect a seller who makes an intentional misrepresentation."  And then the top of the next page says, "Sellers are required by law to disclose all known material (important) facts about the Property to the Buyer".

So what is considered to be "material" or "important"?  Generally, anything that may affect a buyer's decision to buy is definitely material and should be disclosed.  To be safe, I tell sellers that EVERYTHING is material to the buyer.  At least, a seller has to assume that everything is material because they don't know what's material to the buyer.  Every buyer is different... what seems minor and unimportant to the seller may very well be minor and unimportant to one buyer.  However, that same item may be extremely important, and thus material, to another buyer.  If it ends up in front of a judge, I would guess that anything and everything the buyers find out later, that the seller knew and didn't disclose, will be considered material!

The AAR Residential Seller Advisory reinforces this idea with it's heading, "When in doubt, disclose!".  If the sellers know there's a sex offender living down the street and the buyers ask, I would tell the seller to disclose it, in writing, to protect both the sellers and the buyers.  Even if the buyers don't ask, I would still tell the sellers to disclose it, in writing.  It doesn't matter if the buyers are older or don't have kids.  You cannot assume they don't care about a sex offender living nearby.  They may have grandchildren who visit and play outside, or friends that come over and bring their kids.  My point is, you shouldn't try to get inside the buyer's head and figure out what is, or is not material.  Only the buyer can decide that.  Just disclose it and let the buyers make that call... whether it's a maintenance problem, or something you know about the neighbors, homeowners association, schools, etc.  Disclose whatever you know.

I know many people are reading this thinking, "Disclose it, even if it they don't ask? That would probably kill the deal."  Well, it's better to kill the deal now than end up in court later.  And actually, being honest from the beginning by making full disclosure reduces the risk of a last minute deal-breaker, 29 days into the transaction.  As a seller, if the deal isn't going to close, don't you want to know right away instead of AFTER your house has been off the market for a month?

Full disclosure isn't just for sellers either.  It's a two-way street.  Buyers should also disclose anything that might be material to the sellers, like if they know something which may affect their ability to qualify for a mortgage.  The "golden rule" can (and should) be applied to real estate transactions, just like anything else in life.  Every transaction is smoother, less stressful and turns out better in the end if both parties are honest and upfront with each other from the beginning. 

But buyers, don't be naive!  You should NOT rely on the sellers to disclose all material facts about the property you're buying.  Even if the sellers are honest people, they may not know all the material facts.  So buyers must also do their "due diligence" by investigating everything that's important to them.  The AZ Department of Real Estate advises buyers to read and investigate the items on this checklist for Arizona home buyers.  While the law may require certain disclosures, "Buyer Beware" is a reality!

Written By: Shannon Hubbard Realtor®-Investor Great American Realty, Inc. Cell: (480) 695-6672 Email me

Posted by Shannon Hubbard, Arizona Real Estate Agent on April 6, 2008 | Permalink | Comments (8) | TrackBack

Saturday, March 29, 2008

Beware of Red Light Camera at Gilbert & McKellips in Mesa!

A couple years ago when I had to go to driving school, I was told the cameras in intersections can catch you either speeding or running a red light.  Some are set for red-light only while others are set for speed.  But the cameras are all the same, it just depends on how they're programmed. 

Well apparently, the red light running camera at Gilbert and McKellips in Mesa has recently been re-programmed to catch speeders too.  Don't ask me how I know this!  :(

I live just a few miles east of this intersection and drive through it quite frequently since it's between my house and my office.  For those readers who are lucky enough to have never seen a photo radar ticket, I've posted one of the pretty pictures the City of Mesa was nice enough to send me (with the speed removed to protect the innocent, of course!).  They say you have to be going at least 11 MPH over the speed limit to get your picture taken for a speed violation.

Considering the fees they're charging for speeding tickets these days, I don't know how the City of Mesa is losing money on the photo radar program.  Perhaps this recent re-programming of cameras is an attempt to get a better return on Mesa's investment.  Obviously, I have mixed feelings about that!  As a Mesa resident and taxpayer, of course I want the city to keep the roads safe, and I want them to maximize the return on investment when they spend taxpayers money...but not at my expense!

If you're wondering where other Mesa traffic cameras are located, the City of Mesa's website lists all the intersections with red light cameras, along with the locations of Mesa's photo radar vans.  Also, here's some more info on Arizona photo radar tickets.

Remember, slow down at the intersection of Gilbert & McKellips and drive safe!  :)

Related Articles you may also find interesting:
Scottsdale, Arizona Traffic Cameras (February 2007)
Mesa Adds Several New Traffic Cameras (April 2006)
Arizona Traffic School is Educational, But Not Fun! (March 2006)

Written By: Shannon Hubbard Realtor®-Investor Great American Realty, Inc. Cell: (480) 695-6672 Email me

Posted by Shannon Hubbard, Arizona Real Estate Agent on March 29, 2008 | Permalink | Comments (9) | TrackBack

Monday, March 24, 2008

Homeowner Needs Help with HOA Issue

I get many emails from homeowners who are having problems with their Homeowner Associations, and are seeking advice.  I'm not an attorney, so I can't offer advice on how to handle specific HOA problems.  But I've been there myself, so I found the email below particularly interesting.  Without revealing any personal information, I'm posting the majority of the email along with my response:

"I don't know if you can help me with this but if you can offer some help or direction that would be greatly appreciated.  I have a truck that I have had parked on the side of my house for four (4) years.  Nothing was ever said.  Now, I have received a letter from my HOA telling me I can't park it there because it can be seen over the gate.  Maybe six (6) inches of the roof.  And, that it is parked in a "Landscaped Area", which it is not. It is a utility area that is not landscaped at all.

We buy these houses with big double gates so we can utilize the area behind these gates for things like this.  I can understand if it was something offensive, but no one has ever complained or said anything about the truck being there till this.  Any help?"

My Response...

"...I'm sorry you're having a problem with your HOA.  I had a similar problem myself and know first hand how frustrating it can be.  Obviously, every situation is different and your situation is probably based on very different facts, CC&R's, legal principles, etc.  And I'm not sure if you're in Arizona, but state laws also can affect your situation.  So the best advice I can give you is to seek advice from an attorney, which I am not.  From a homeowner standpoint, I can tell you that when I consulted an attorney in a HOA situation several years ago, the advice I was given was to work within the neighborhood to gain support and resolve the problem.  Here's what happened to me several years ago:

We had a nearly new pickup truck parked in the 'third-car' area of our driveway.  But it wasn't paved like the rest of the driveway, it was covered with rocks.  The truck was driven every day, and we had been parking it there for about 3 years or more when a certain Board member decided to make a stink about it.  Our attorney told us that in our case, by allowing us to park there for several years, the HOA had given us "constructive notice" that it was allowed.  Our CC&R's did not specifically prohibit it, however they did not specifically allow it either.  So our attorney claimed that in the absence of a restriction, it was permitted.  Then the Board member tried to use some vague landscaping clause to make us stop parking there.  Of course, there were others in the neighborhood who parked in a similar manner, so we found them and got them to show up at the next meeting for support when we addressed the Board.  Since only a few people usually showed up to Board meetings, we only had to get a few neighbors to show up to have overwhelming support.  We also went to each of our immediate neighbors and had them sign statements saying that we had been parking there for years and they had no problem with it.  Additionally we went door-to-door and asked other neighbors who agreed we should be able to park there to sign a petition so we could amend the CC&R's to specifically allow it.  We came up just short of the 2/3 required for an amendment to the CC&R's, but it was enough to make the other Board members agree to drop the issue.  Shortly thereafter, the Board formally adopted a policy which allowed parking on rocks with certain criteria, which we met.  End of story.

Again, your overall situation is different than mine, so you should speak to an attorney about the legality of your issues.  Much of the HOA's power comes from the CC&R's and an attorney can explain your rights under the CC&R's.  From a non-legal standpoint and from my experience as a homeowner, the power a HOA has comes from its members.  The unfortunate truth from my experience with HOA's is that in many cases, most members don't care and won't get involved in things they don't care about.  But if you can find those neighbors who are in similar positions, you may find strength in numbers.  Or you might find that others disagree with you totally and you are the minority in your neighborhood.  But chances are, there are others out there who recently got notices to stop doing things they've been doing for years also.  Did you recently have a new Board member elected who might be pushing a stricter agenda?

Again, other than telling you of my experience, you're in lawyer territory!  While I can't advise you on how to handle your situation, I hope my story helps.  And I wish you the best of luck in resolving your HOA issues.

Sincerely,
Shannon

Hope you found this interesting too.  Have a great day!

Written By: Shannon Hubbard Realtor®-Investor Great American Realty, Inc. Cell: (480) 695-6672 Email me

Posted by Shannon Hubbard, Arizona Real Estate Agent on March 24, 2008 | Permalink |