Arizona Real Estate Notebook

Arizona real estate news by John Wake, Associate Broker, HomeSmart

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Entries Tagged as 'Arizona Real Estate Law'

Neighbors’ Conduct May be Classified as a “Nuisance”

February 23rd, 2007 · Comments Welcome

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

Question: We live in a nice, quiet neighborhood in Glendale. Two months ago one of our neighbors sold their house to a young unmarried couple who constantly have loud parties. In addition, they and their friends walk around their house and yard with little […]

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Tags: Arizona Real Estate Law

Will Termite Infestation Reduce Value of Property?

February 8th, 2007 · Comments Welcome

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

Question: Last year I purchased a townhouse in Scottsdale. The seller had only owned the townhouse for three months and had never even lived in the townhouse. The termite inspection report that I had done showed that there was no evidence of current or […]

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Tags: Arizona Real Estate Law

Disclosure of Registered Sex Offender by Seller Not Required

February 1st, 2007 · Comments Welcome

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

Question: We have listed our Mesa home for sale. Three days ago, a neighbor down the street was arrested for sexually assaulting his stepdaughter. Everyone in our neighborhood is shocked because this neighbor was a very nice person. This neighbor is now out on […]

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Tags: Arizona Real Estate Law

Landlord May Be Liable for Pool Barrier Compliance Costs

January 4th, 2007 · 2 Comments

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

Question: Last month we rented an older home in North Phoenix. When we rented the home the landlord knew that we had two small children. We have now received a notice from the City of Phoenix that a pool barrier fence is required under […]

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Tags: Arizona Real Estate Law

Seller Can be Held Liable for Non-Disclosure of Foul Odor

December 28th, 2006 · Comments Welcome

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

Question: During the inspection period, the buyer did not notice any odor in the home. After the inspection period expired, however, the buyer then noticed a very strong foul odor in the home. The seller’s cleaning lady told the buyer that the seller knew […]

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Tags: Arizona Real Estate Law

Seller May Be Responsible for Construction Modification Costs to Comply with City Approval

December 22nd, 2006 · Comments Welcome

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

Question: We purchased an old “fixer upper” in Glendale. In the process of doing work on the home, we learned that the seller did not have permits from the City of Glendale to enclose the garage and add on the fourth bedroom. The inspector […]

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Tags: Arizona Real Estate Law

Joint Tenancy Interest Takes Precedence Over Terms of Will

December 14th, 2006 · 2 Comments

by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: Before my husband and I were married we purchased a one-acre parcel of land in the New River area. We took title as Joint Tenants with Right of Survivorship. Inasmuch as both of us are getting older, we are not sure if we […]

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Tags: Arizona Real Estate Law

Square Footage Must be Verified by Buyer During Inspection Period

December 7th, 2006 · Comments Welcome

by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: The MLS listing information per the county assessor’s records stated that the square footage of the home was 3150 square feet. When the seller purchased the property two years earlier, however, the appraisal by the lender at that time showed that the square […]

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Tags: Arizona Real Estate Law

Continual Use of Land May Constitute Prescriptive Easement

November 30th, 2006 · 9 Comments

by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: Several years ago my mother bought a home in the Heber-Overgaard area in the White Mountains. My mother owned this home as Joint Tenants with Right of Survivorship (“JTWROS”) with me. My mother has passed away, and I am now the sole owner […]

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Tags: Arizona Real Estate Law

Don’t miss the Real Estate Law post below

November 22nd, 2006 · Comments Welcome

Don’t let the title fool you, between the lines the post below is filled with pain, infidelity, anger and revenge.

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Tags: Arizona Real Estate Law

Joint Tenancy Interest Can Be Conveyed Without Spousal Knowledge or Consent

November 22nd, 2006 · Comments Welcome

by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: My husband and I purchased our home in Phoenix forty years ago. After he died three months ago, I learned that he had been having an affair with a lady in his office for almost ten years. In fact, not only did he […]

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Tags: Arizona Real Estate Law

CPWROS Provides Maximum Tax Benefit

November 16th, 2006 · 1 Comment

by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: In a recent article you discussed the advantages of changing a deed on a home or other real property from joint tenancy with right of survivorship (“JTWROS”) to community property with right of survivorship (“CPWROS”). Your article did not give details. My inquiries […]

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Tags: Arizona Real Estate Law

Verbal Contract for Real Estate Could be Valid with Partial Performance

November 9th, 2006 · 2 Comments

by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: My brother and his wife own a cabin in the Show Low area. My brother said that he would sell the cabin to me for $125,000. Even though the cabin needed some repair work, my wife and I were very excited. In fact, […]

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Tags: Arizona Real Estate Law

Property Management Company Under Control of Landlord

November 2nd, 2006 · 2 Comments

by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: When we rented our apartment we paid a security deposit of $500 to the property management company. The property management company is located in our apartment building, and we have enjoyed working with them. The property management company has now sent us a […]

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Tags: Arizona Real Estate Law

Fraudulent Social Security Number Does Not Effect Ownership of Property

October 26th, 2006 · Comments Welcome

by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: My sister is buying a house in Mesa. The seller is an illegal alien. Ten years ago, the seller bought a social security card that belonged to someone else with the same name, and used this social security card to get a loan […]

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Tags: Arizona Real Estate Law

Living Trust is CPWROS and Has Same Tax Advantages

October 19th, 2006 · Comments Welcome

by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: My husband and I purchased our Tempe home seven years ago as community property with right of survivorship (“CPWROS”). We recently established a living trust, and transferred our Tempe home to ourselves as trustees of the living trust. The home is now worth […]

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Tags: Arizona Real Estate Law

Permitted to Cut Neighbor’s Trees in Common Area After Request Ignored

October 12th, 2006 · Comments Welcome

by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: We share a common wall with our neighbor in a Prescott subdivision. Our neighbor has four large pine trees in his backyard. The branches of these trees have grown over the common wall into our backyard. These trees drop pine needles and seed […]

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Tags: Arizona Real Estate Law

Earnest Money Non-Refundable After Expiration of Due Diligence Period

October 5th, 2006 · 4 Comments

by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: Our partnership is selling eighty acres of land near Florence. The buyer paid a $100,000 earnest money deposit and had a sixty-day “due diligence” period to conduct all inspections relating to the property. The sixty-day period has passed, and escrow is scheduled to […]

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Tags: Arizona Real Estate Law

Acceptance of Public Report by the Printed Name of Buyer

September 28th, 2006 · Comments Welcome

by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: The purchase contract for the new home requires the signature of the buyer for the acceptance of the public report. On the signature line, however, the buyer printed his name. Is the printing of the buyer’s name sufficient “signing” for acceptance of the […]

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Tags: Arizona Real Estate Law

Benefits of Beneficiary Deed for Transfer of Title Upon Death

September 21st, 2006 · 10 Comments

by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: I am a widow, and my husband passed away almost two years ago. I plan to continue to live in our Phoenix home, and leave this home as well as two rental houses in Chandler to my two adult children. The deeds to […]

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Tags: Arizona Real Estate Law

Buyer Has No Claim against Seller for Innocent Misrepresentation of Connection to Sewer

September 14th, 2006 · Comments Welcome

by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: After owning the home for three months, the seller signed a Contract to sell the home. The seller disclosed in the SPDS that the home was connected to the sewer. The former owner of the home had told the seller that the […]

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Tags: Arizona Real Estate Law

Buyer’s Agent Can Terminate Representation if Buyer is a Registered Sex Offender

September 7th, 2006 · Comments Welcome

by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: The buyer’s agent (a female) has shown the buyer (a male) several homes. The buyer makes an offer on a home, but the offer is rejected by the seller with no counter-offer. The listing agent then contacts the buyer’s agent and states that […]

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Tags: Arizona Real Estate Law

Property Manager Only Liable for Non-Enforcement of Prohibition

August 31st, 2006 · Comments Welcome

by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: We are the property management company for a large apartment complex in Phoenix. Many of our residents are concerned about security in the apartment complex because of the publicity about the “Baseline Killer” and the “Serial Shooter.” We have now installed security cameras, […]

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Tags: Arizona Real Estate Law

Surviving Owner Solely Owns Joint Tenants with Right of Survivorship Property

August 25th, 2006 · Comments Welcome

by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: Twenty-one years ago I purchased a home in north Phoenix with my parents as joint tenants with right of survivorship. My parents paid the $15,000 down payment, but I have made all of the mortgage, insurance, and property tax payments since the purchase […]

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Tags: Arizona Real Estate Law

Real Estate Licensee Cannot Draft Legal Documents

August 17th, 2006 · Comments Off

by Phoenix attorney Christopher A. Combs, partner with Combs Law Group, P.C. Question: After not passing the real estate exam the first two times, the third time was the charm. I am now an Arizona real estate licensee. Yippee! Even better, I have my first client. My brother is buying a home from a “for sale […]

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Tags: Arizona Real Estate Law