Arizona Real Estate Notebook

by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: During an open house the agent had aromatic candles burning. After the open house was over, the agent removed all of the candles except one. This one candle caused a fire which resulted in $25,000 worth of damage to seller’s home. The seller’s […]

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by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: The home was built in 1963. After the inspection period the buyer discovered minor violations of the current building code. The buyer does not want to close escrow until these minor code violations are corrected. Is the buyer required to close escrow? Answer: Yes. […]

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by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: The buyer is purchasing the home as an investment property. During the 10-day inspection period the buyer determines that the home will be difficult to rent. In the BINSR the buyer elects to cancel the Contract because the buyer “cannot find renters for […]

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by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: The MLS information stated that “new roof to be installed in thirty days.” One week later the seller and buyer entered into a Contract with no mention of a new roof. In the BINSR the buyer requested extensive repairs to the roof, or […]

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by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: Three years ago I executed and recorded a beneficiary deed for my Chandler home. The grantees under this beneficiary deed were my four children. In the case of the death of one of my children I want the remaining three children to have […]

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by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: After we purchased our home in an historic Phoenix neighborhood, we learned that the siding of our home contained asbestos. My wife’s father died of a lung disease caused by asbestos, and my wife no longer wants to live in the home. My […]

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by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: When we purchased our Goodyear home last year, it was represented in the seller’s marketing brochure to be 2,700 square feet. We now want to build a home addition, and when our contractor measured our home, the square footage was only 2,400 square […]

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In Bob Bruss’ column below, he recommends hiring a real estate lawyer to write up the contract for a seller who has already found the buyer without using a Realtor. In Arizona, a Realtor can write a contract as part of selling a home but in this case the home is already “sold” so […]

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by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: In a Glendale neighborhood, we found a home perfect for us. The home was “for sale by owner,” and we are having a difficult time negotiating with the seller. We still do not have a purchase contract. Although my wife wants to […]

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This is why you hire a Realtor. Also check out the sidebar for tips on disclosure. The general rule is when in doubt disclose but it can be confusing because there are some things that will get you into legal trouble if you disclose them. They are things related to people, not the structure […]

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by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: I own a four-unit apartment building in Phoenix. I am Hispanic, and most of the tenants in this apartment building are Hispanic. For several years I have used a Spanish-language lease. Since the “English Only” law was passed last year, can I […]

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by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: My husband and I established a revocable living trust in another state. We are co-trustees of this trust. We have purchased a second home in Scottsdale and have titled the home in the trust. The title company said that we […]

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Beneficiary deeds are a great tool we have in Arizona that most other states don’t have.

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by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: My mother and father owned our family home in Glendale for more than 20 years. After my father died five years ago, the mortgage life insurance paid off the mortgage and my mother owns the home free and clear. My mother […]

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by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: We want to sell our small office building in Tempe to an all-cash buyer. The loan on the office building is assumable, but contains a prepaymnet prohibition that provides that no portion of the loan may be paid off in the first […]

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by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: My wife has Alzheimer’s disease and I want to sell our Phoenix home that we have owned for more than 30 years. What do I have to do to sell our home? Answer: Upon petition to the court and after notice of […]

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by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: The seller has four televisions in the home, including a flat screen TV attached by brackets to the wall. At the close of escrow the seller removes the flat screen TV from the brackets, and takes all four televisions. There were no discussions […]

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by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: At a foreclosure sale my wife and I purchased a home in the town of Maricopa. The purchase agreement with the foreclosing mortgage lender provided that the home was being sold as-is. After we moved into the home, we learned that the home […]

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Chris Combs Arizona real estate law article below brings up a nightmare scenario for buyers. Your moving van is outside your newly purchased home but the seller refuses to leave. What do you do? Wow! That’s a big problem. Chris gives you the short legal answer. My short economic answer (for Arizona) is to make […]

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by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: The purchase of our home in Mesa closed last Friday. We had the moving van reserved to move into our new home on Saturday, but the seller refused to leave because his new home had not been completed. The seller has promised to […]

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by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: During the Inspection Period, the buyer submits a BINSR [Buyer Inspection Notice and Seller Response] stating that the buyer elects to cancel the Contract due to too high of an anticipated monthly mortgage payment, and due to the failing health of the buyer. […]

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by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question:

I purchased a home in Tempe seven years ago for $325,000. I have been the sole resident of the home. Three years ago when I was thinking of getting married to a lady with two children, I spent almost $100,000 adding another bedroom and […]

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by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question:

In a recent column you stated that there would be no tax owed when a brother and sister inherited their mother’s ranch in northern Arizona. The reason you gave was that there was a “step-up” in basis of the ranch to the value of […]

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by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question:

Six years ago my mother and father bought a five-acre parcel of land near Taylor, Arizona for $40,000. They paid $10,000 down and entered into a carryback agreement with the seller to pay $10,000 per year for the next three years. My parents have […]

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by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C.

Question: My wife and I are a young Hispanic couple who saw a “For Sale” sign on a home in Surprise that looked attractive to us. We contacted the listing broker, and we were told that the listing price was $198,000.00. I went through […]

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