BlogArizona Category: Real Estate Contracts & IssuesThis page contains all BlogArizona posts related to Real Estate Contracts & Issues. Read a specific post by clicking on a title below, or scroll further down the page to read through all posts in this category.Sunday, April 06, 2008Selling 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:
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!
Posted by Shannon Hubbard, Arizona Real Estate Agent on April 6, 2008 | Permalink | Comments (8) | TrackBack Monday, March 24, 2008Homeowner Needs Help with HOA IssueI 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:
My Response...
Hope you found this interesting too. Have a great day!
Posted by Shannon Hubbard, Arizona Real Estate Agent on March 24, 2008 | Permalink | Comments (9) | TrackBack Tuesday, March 11, 2008Foreclosure Rates and Neighborhood CrimeHere's an interesting statistic: For every 1% increase in a neighborhood's foreclosures, violent crime increases 2.33%.
Posted by Shannon Hubbard, Arizona Real Estate Agent on March 11, 2008 | Permalink | Comments (7) | TrackBack Saturday, March 08, 2008Recent Changes to the FHA Loan ProgramIt seems like the FHA Loan program is being looked to by government leaders, consumers, lenders and anyone in between to save the housing market. As a result there has been a lot of changes to this program within the past few months. 1. FHA Loan Limits Increased: The loan limit has been raised across the entire country. For Maricopa and Pinal County (which includes all the major cities in the Phoenix Metro area) the new limits are as follows:
2. Down payment Assistance Programs: While this is not a direct FHA feature, one of the major reasons to use the FHA program is because it allows third-parties to contribute towards a buyer’s down payment. The FHA loan limit is 97% of the value of the property but it allows the remaining 3% to be gifted from such non-profits as AmeriDream, Nehemiah etc. Recently HUD (which oversees FHA) challenged the legality of such gifts and threatened to shut them down. The down-payment programs fought back and recently won in court. 3. FHA Secure: This was an initiate from the White House designed to help subprime borrowers refinance into a FHA loan program. It is targeted to those on adjustable rate mortgages facing abrupt increases to their monthly housing payment. The HUD website has addition information, but here are some high points on how you may qualify for FHASecure:
There are further changes coming to the FHA program. Congress is working on a FHA Modernization bill which will decrease the down payment requirement but add risk based insurance (higher insurance for lower credit scores). So, stay tuned, nothing stays the same in today’s mortgage market.
Posted by Shailesh Ghimire, AZ Mortgage Guru on March 8, 2008 | Permalink | Comments (2) | TrackBack Monday, February 25, 2008AZ Home Inspector Licensing Board going away?Arizona Home Inspectors need your help! Arizona's home inspector licensing agency, the AZ Board of Technical Registration (BTR) is inefficient, expensive and allegedly corrupt. In fact, Arizona lawmakers are thinking about eliminating the BTR altogether (SB1171), and moving home inspector licensing to the Registrar of Contractors (ROC). As most of my readers already know, I'm co-owner of Homewerx Home Inspections, one of the Valley's leading home inspection companies since 1999. As such, I sincerely appreciate your support on this matter. While I do NOT support eliminating the BTR, it definitely needs some change - starting at the top with the guy in charge. It's unfortunate, but AZ home inspector licensing seems to be alot more about money and power and industry organizations than it is about quality home inspections. There are some real problems and conflicts of interest that have just been ignored at the BTR, and we all know that problems don't just go away when they're ignored...they get worse! Now, the BTR is so inefficient and lacking accountability that I think the whole idea of protecting homebuyers got lost somewhere along the line. Home Inspectors don't trust the BTR, consumers kind of laugh at them. And the cost of inefficient government regulation is real... look at how much it costs to be a home inspector in Arizona compared to other professionals licensed by the same agency. And look at how much Arizona home inspectors pay compared to home inspectors in other states. "Wow" is all I can say! Home Inspection companies inevitably pass these ridiculous costs onto the homebuying consumer, who is already strapped for cash in case the BTR hasn't heard. And a home inspection is an out-of-pocket expense - those are the ones that really hurt and will be a deal-breaker alot quicker than borrowed money will. So please Help support the 'little guy', and you will help keep Arizona home inspection prices down plus eliminate government incompetence at the same time. Thank you again for your support!
Posted by Shannon Hubbard, Arizona Real Estate Agent on February 25, 2008 | Permalink | Comments (2) | TrackBack Wednesday, February 20, 2008Arizona MLS Listings I Don't Quite UnderstandAs I pull up various AZ properties on MLS, I'm frequently amused. Sometimes it's the price that makes me laugh. Sometimes it's the directions that get you nowhere near the home, which makes me go hmmmm. And sometimes it's just a comment about the house that catches my attention. Here are a couple that have recently caught my interest: 1. Found in the comments of a MLS listing: "Buyer proof of funds or prequalification letter from a Wells Fargo Mtg. Consultant must accompany all offers." As a Realtor®, I would never dream of requiring a potential buyer to get prequalified or have their funds verified by a specific mortgage company. I'm not sure if that's even legal from a mortgage perspective, especially if the mortgage company owns the house. According to the MLS, this property is "corporate owned". Public records don't show the new owner yet, but the house was sold at auction in December to "US Bank National Association as Trustee Asset Backed Pass Through Certificates Series..." (that's a mouthful and doesn't really tell me who owns it!). But the tax statements are being forwarded to "ASC for Wells Fargo Home Improvement". Hmmmm.... 2. Found in a Flyer Heading: "20% Co-Broke! / Attention All Investors" Call me crazy, but I wonder if this agent ever thought about recommending a price reduction to their client, instead of a HUGE co-broke. Perhaps, I dunno...maybe a 17% - 20% price reduction? Work with me here...! And what real investor isn't going to realize that a 20% co-broke means they're paying 20% too much? These are just a few of my thoughts... enjoy your day! Past BlogArizona articles you may also enjoy:
Posted by Shannon Hubbard, Arizona Real Estate Agent on February 20, 2008 | Permalink | Comments (3) | TrackBack Tuesday, February 19, 2008Selling Your House? Don't Take the Curtain Rods When You Move.By the title of this post, you might think I'm getting ready to talk about the difference between personal property and real estate fixtures, and what you can take with you when you move versus what has to stay with the house. Nope. This post is actually just something funny my Dad emailed me, which I thought my readers would enjoy. By the way, don't do this! She spent the first day packing her belongings into boxes, crates and suitcases. On the second day, she had the movers come and collect her things. On the third day, she sat down for the last time at their beautiful dining room table by candle-light, put on some soft background music, and feasted on a pound of shrimp, a jar of caviar, and a bottle of spring-water. When she had finished, she went into each and every room and deposited a few half-eaten shrimp shells dipped in caviar into the hollow of the curtain rods. She then cleaned up the kitchen and left. When the husband returned with his new girlfriend, all was bliss for the first few days. Then slowly, the house began to smell. They tried everything; cleaning, mopping and airing the place out. Vents were checked for dead rodents and carpets were steam cleaned. Air fresheners were hung everywhere. Exterminators were brought in to set off gas canisters, during which they had to move out for a few days and in the end they even paid to replace the expensive wool carpeting. Nothing worked!!! People stopped coming over to visit. Repairmen refused to work in the house. The maid quit. Finally, they could not take the stench any longer and decided to move. A month later, even though they had cut their price in half, they could not find a buyer for their stinky house. Word got out and eventually even the local real estate agents refused to return their calls. Finally, they had to borrow a huge sum of money from the bank to purchase a new place. The ex-wife called the man and asked how things were going. He told her the saga of the rotting house. She listened politely and said that she missed her old home terribly and would be willing to reduce her divorce settlement in exchange for getting the house back. Knowing his ex-wife had no idea how bad the smell was, he agreed on a price that was about 1/10th of what the house had been worth, but only if she were to sign the papers that very day. She agreed and within the hour his lawyers delivered the paperwork. A week later the man and his girlfriend stood smiling as they watched the moving company pack everything to take to their new home.... And to spite the ex-wife, they even took the curtain rods!! I LOVE A HAPPY ENDING, DON'T YOU? ORIGINAL SOURCE: UNKNOWN
Posted by Shannon Hubbard, Arizona Real Estate Agent on February 19, 2008 | Permalink | Comments (1) | TrackBack Tuesday, January 22, 2008Subprime Mortgage Problem Goes Global: Federal Reserve Makes 'Emergency' Interest Rate CutBen Bernanke and the Federal Reserve made an 'emergency' rate cut to the key interest rate this morning, rather than waiting until their next planned meeting at the end of January. The .75 basis point reduction in interest rates comes amid global economic fears. The Asian markets have been down sharply in recent days, and European markets have followed (although they're not down as much as the Asian markets). The fear is that America's subprime mortgage problem is now damaging the global economy. Fortunately, the US stock markets were not trading yesterday due to the Martin Luther King holiday. But DOW futures were down over 500 points until the announcement of the Fed's rate cut early this morning. The DOW (futures) has since recovered by a couple hundred points, but it still looks like today will be a bad day for the stock market (which is already down for the year). I guess we'll see when the markets open in a few minutes. Just remember, it's only a paper loss until you cash out!
Posted by Shannon Hubbard, Arizona Real Estate Agent on January 22, 2008 | Permalink | Comments (6) | TrackBack Friday, January 18, 2008AZ Termite Inspector Licensing Agency Going Away
Amid allegations of "cronyism, inefficiency, overregulation and instability", the executive director was recently fired by the seven member Commission. In protest, the 3 Commission members who voted against firing the executive director have resigned. A committee of Arizona lawmakers have since voted in favor of, and are introducing a bill to disband the SPCC altogether. Under the new bill, regulation & licensing of pest control professionals, including termite inspectors, will be transferred to the AZ Department of Agriculture. Arizona lawmakers also considered transferring the SPCC's duties to the AZ Registrar of Contractors (ROC) or the AZ Board of Technical Registration (BTR). However, agricultural pest control is already regulated by the AZ Dept. of Agriculture, so they are the most logical choice. Last I heard, the bill was supposed to be introduced in early January when the AZ Legislature reconvened. While I have not officially seen anything stating the bill has been introduced or approved, I was told by one of my State Representatives in early January that the SPCC's duties will be transferring to the AZ Department of Agriculture. I think he told me a time frame, but I don't remember what it was. So it sounds like a pretty done deal, even if it has not been officially approved. AZ Governor Napolitano mentioned late last year that she would consider the recommendation to get rid of the SPCC, and the State Representative I spoke with did not say the SPCC might go away, he said it was going away. Additionally, the SPCC (like all such agencies) is subject to review every ten years. I believe the SPCC's sunset review is due in June of this year, and even in the absence of other legislation, I don't think the SPCC is expected to be re-authorized or renewed. So, the "good ole boy network" at an Arizona licensing agency...could it really happen? Of course, I'm being sarcastic - yes, it really happens and probably more than you'd ever believe. I have personally witnessed the type of abuse of power alleged here at another AZ licensing agency. Luckily, it was not not directed at me personally. However, I would bet that it's much more widespread than the public really knows. That's a real shame since these licensing agencies are intended to protect the public. But when the agency is corrupt, it doesn't protect anybody - it just raises the cost of doing business. And that cost is ultimately passed on to the consumer, which means the licensing agency ends up hurting the very consumers it was supposed to protect. By the way, I want to apologize to my loyal readers for my recent "vacation" from blogging. Between the holidays, visiting relatives and another project I've been working on, the time has just gotten away from me. But I promise to post again soon. In fact, my friend the AZ Mortgage Guru recently sent me a very interesting article, which got me doing some research on another Arizona licensing agency. And what I found is definitely worth coming back to read. So be sure to check back in a few days and read all about it! Related articles:
Posted by Shannon Hubbard, Arizona Real Estate Agent on January 18, 2008 | Permalink | Comments (2) | TrackBack Thursday, December 13, 2007HGTV Looking for Phoenix Real Estate Agents & First-Time Home Buyers!Here's something that might be kind of fun (or not!). I received an email today (see below) from Cole Schneider who's currently casting for an HGTV show called "My First Place". He's looking for first-time Phoenix home buyers and their real estate agents. 'My First Place" is an HGTV reality-type show about the trials and tribulations faced by first-time home buyers. If you know somebody who might be interested in appearing on this show, please pass this information on to them. Here's the email...
HGTV's hit series 'My First Place' is seeking first-time homebuyers (and their agents!) in the Phoenix area! NOTE: Agents! This is an EXCELLENT opportunity for exposure! Don't miss out! My First Place airs at 8:30 PM Mountain Time on Sunday and Tuesday nights. |
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If you haven't already heard, the licensing agency for