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BlogArizona.com - An Arizona Real Estate Blog
BlogArizona.com offers discussions on a wide variety of subjects, but focuses on Arizona and real estate.  The articles  posted here are contributed by various working professionals.  Their insights and experiences will inform, educate, challenge and entertain our readers week after week.  Some of the best reading on blogs often comes from reader Comments!  We encourage you to use the 'Comments' feature to join discussions and interact with both our Contributors, and our other readers.  We do require that you first review and accept our 'Comment Rules' in order to preserve the quality and integrity of this blog.  Also be aware that all visitors are subject to our Terms of Use.

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Sunday, July 05, 2009

AWOL Blogger Returns to BlogArizona - Happy 4th of July!

I know I haven't blogged forever and a day, so I guess it's time again!  How could I have stayed away so long with so much to blog about lately?  Honestly, I've been overwhelmed with work and life in general.  Since the end of last year, the real estate & home inspection business have kept me working 12+ hour days, 7 days a week.  Funny how the free markets actually work if the government stops interfering long enough to allow it.  When AZ real estate prices came down low enough (last year), the buyers started to come out and inventory has come down significantly now.  No, it wasn't the stimulus or the tax credit - it was lower prices (a function of supply and demand, not government intervention).

For those of you who have emailed and left comments telling me to update BlogArizona... thanks!  Even after months of not blogging, BlogArizona has still been visited by thousands of loyal readers and the search engines still seem to like us quite a bit.  In fact, I still rank high enough to command attention from the bubble bursting crowd (what an honor!).  After being quoted in this LA Times article by Nicholas Riccardi (which was also picked up by the Chicago Tribune, etc), I was recently bashed by Boom2Bust because I wasn't negative enough when discussing the Arizona real estate market.  Okay, in all fairness, Boom2Bust was actually criticizing the use of Arizona real estate professionals as sources for the article... an article which happened to be about the Arizona real estate market (need I say duh???).  Here's what Boom2Bust says about the Chicago Tribune article...

"Nicholas Riccardi wrote on June 7:

Phoenix’s housing bust has turned into a quasi-boom, a sign that its market might have hit bottom and a preview of what a housing recovery could look like.

More homes are selling than at any time since 2006. Prices are slowly stabilizing. Buyers again are in bidding wars — only this time over foreclosed houses selling at deep discounts rather than ranch homes listing for vast sums.

Riccardi’s sources? Individuals who could stand to gain from a rebound in the Phoenix housing market. From the piece:

“The free market is at work,” said Shannon Hubbard, a real estate agent and blogger. “Prices got driven down so much that people said, ‘I’m going to come out and play.’ “

Hubbard writes on BlogArizona.com:

I’m a Realtor-Investor, maintaining an active real estate license with Great American Realty, Inc. I’m also Co-owner of Homewerx Home Inspections, and Owner of BlogArizona.com."

There were a few other AZ real estate professionals quoted, and Boom2Bust concluded/implied that real estate agents just say good things about the real estate market so they can make money.  So who should Mr. Riccardi have called to interview for his article about the Arizona real estate market... some doctors in Nicaragua?  Everything stated in the article was true, and the sources for the information were fully and accurately disclosed - so what's the problem?  Boom2Bust goes on to give alternate sources of information about the Arizona housing market, to balance the opinions of us greedy real estate professionals who were quoted...

"So, is there another side to the Phoenix housing story? Well, consider the following from Bloomberg’s Kathleen Howley and Erik Schatzker today:

U.S. home prices may continue to tumble for years, according to economist and Yale University professor Robert J. Shiller.

“Our sense that housing is a wonderful investment is really damaged now,” Shiller said in an interview with Bloomberg Television today…

The Standard & Poor’s/Case-Shiller national index of home prices, named after the professor, has fallen 32 percent from a high in the second quarter of 2006."

Note that Boom2Bust uses only national statistics and sources to talk about the Arizona real estate market.  Should we tell Boom2Bust that real estate is local?  The national numbers mean nothing to us here in Arizona, even if those numbers come from Yale scholars (Yale isn't even in Arizona!).  So Boom2Bust would prefer generic, national sources rather than first hand information from people in the AZ trenches?  The Arizona real estate market was among the hardest hit and therefore the first to start the recovery (when prices got low enough).  Who do you think is more likely to know when that recovery has started... a Yale professor or an Arizona Realtor?

Okay... considering I haven't blogged in many months, I guess I should just feel loved since I'm still being contacted for interviews by major newspapers and bashed by bubble bloggers.  Never a dull moment.  But don't worry, I'll be back for more much sooner this time.  Hope you enjoyed your 4th of July weekend!

Visit Shannon Hubbard's Home Page     Written By: Shannon Hubbard
Realtor®-Investor

Great American Realty, Inc.

Cell: (480) 695-6672
Email me

Posted by BlogMaster on July 5, 2009 | Permalink | Comments (0)

Federal Reserve Keeps Interest Rates Low... No Worries About Inflation

I'm really sick of looking at this really old post about the Federal Reserve and interest rates so I'm posting an update!  At the end of June, the Federal Reserve met and decided to keep the federal funds rate the same at 0 - 0.25%.  The federal funds rate is the rate banks charge each other.  This was really no big surprise, as most economists expected the Fed to leave the rate alone.  It hasn't changed since December 2008 and isn't likely to increase anytime soon.  The Fed says that the pace of economic contraction is slowing and there's evidence of household spending stabilizing, but inflation does not seem to be a worry to the Fed right now.

Visit Shannon Hubbard's Home Page     Written By: Shannon Hubbard
Realtor®-Investor

Great American Realty, Inc.

Cell: (480) 695-6672
Email me

Posted by BlogMaster on July 5, 2009 | Permalink | Comments (0)

Tuesday, August 05, 2008

Federal Reserve Leaves Interest Rates Alone

Earlier today, the Federal Reserve decided to keep its main interest rate the same.  The federal funds rate, which is the rate banks charge each other, will remain at 2.0%.  This was really no big surprise, as most economists expected the Fed to leave rates alone during today's meeting.  In fact, even despite fears of inflation, many believe the federal funds rate will remain unchanged for the remainder of the year.  Keep in mind that the federal funds rate does not immediately affect long term mortgage rates, but the Fed's decisions can affect consumer confidence in the real estate market right away.  Wall Street investors sure loved today's news, and the stock markets went crazy!

Although inflation is becoming a very real worry, the Fed obviously thinks the fear of economic slow down is greater.  I tend to agree (not that any economists care what I think!).  But the housing and mortgage markets really need to improve before the Fed starts raising interest rates again.  Higher rates could really hurt an already slow real estate market.

Visit Shannon Hubbard's Home Page     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 August 5, 2008 | Permalink | Comments (24) | TrackBack (0)

Tuesday, July 01, 2008

Arizona Homeowners: Bee-ware of Bee Hives!

Beehive on a Phoenix, AZ home

I found this beehive while doing a home inspection in Phoenix yesterday.  If you ever see a beehive like this, stay away from it and call a professional to have it removed.
 
Scott Hubbard of Homewerx Home Inspections in Phoenix, Arizona 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 (33) | TrackBack (0)

Friday, June 20, 2008

AZ Home Buyers, Sellers & Realtors®: Prepare for the Home Inspection!

A couple years ago, the real estate market was so crazy that many buyers were waiving their right to a home inspection just so the seller would accept their offer.  But those days are over and in the current buyer's market, the inspection period is once again being used as a time to negotiate price.  Although each contract is different, most Arizona home buyers have a 10-day inspection period.  During this inspection period, buyers can generally cancel the contract based on their inspections and receive a refund of their earnest money.

As a result, the inspection period is a very nerve-racking time for many real estate agents and sellers.  While most experienced Realtors® want their buyers to have a thorough home inspection, some real estate agents are scared to death that an experienced home inspector like myself will 'blow the deal' and cost them a commission.

But in my experience, most buyers don't want to cancel their contract when the inspection reveals problems.  Some buyers do, but usually the buyers will ask for major problems to be repaired, or for monetary compensation in lieu of repairs.  Sometimes, sellers will be offended or will refuse to negotiate based on the inspection and it does blow the deal.  But usually, the buyers and sellers come to a reasonable compromise and the deal closes.

I'm often asked by sellers and real estate agents if there's anything they can do to 'prepare' for the inspection.  Here are some things that can be done to make the home inspector's job easier:

SELLERS & SELLER'S AGENTS:

1.  Make sure ALL utilities are on prior to the inspection.  Most sellers keep the utilities on while their home is for sale, at least the electricity anyway.  But sometimes the gas or other utilities will be off if the home was vacant for an extended period of time.  Foreclosures and bank owned properties usually do not have the utilities on.  If the gas is turned off, the inspector cannot operate gas appliances such as the heater, water heater, stove, etc.  There are still many items that can be inspected, but you will not get the best inspection possible if any of the utilities are off.  If the water is off, I will not be able to properly evaluate the plumbing or anything else which uses water.  If the electricity is off, I cannot inspect anything that requires power.

My home inspection company always asks the client or Realtor® who makes the inspection appointment to verify that all utilities are on, but sometimes the gas or water company doesn't have it on when they say they will.  If I'm unable to inspect something due to the utilities being off and I need to come back to the property, I have to charge the client a re-inspection fee (currently $100, and likely to increase soon due to gas prices).  Even when it's not the buyer's fault, the buyer is the one who usually ends up paying it.  A good buyer's agent will insist that the sellers reimburse the buyer for this re-inspection fee since it's usually the seller's responsibility to have the utilities on for the inspection (I believe the standard AAR contract requires this).  But this is a cost that can be avoided altogether with some prior planning.

2.  Unlock gates and remove locks from electrical boxes, sprinkler timers, pool equipment or fences, etc.  Basically, unlock everything that's locked so the inspector can access it.

3.  Secure your pets if necessary.  I love animals and I frequently have animal friends accompany me through the house as I do my inspection.  One time, I even had about a half-dozen weiner dogs follow me through a two-story house I was inspecting (have you ever seen a weiner dog try to run up stairs!)  I realize I'm in their territory and I try to introduce myself to the pets in a non-threatening way.  I don't mind being followed and I even enjoy interacting with the animals.  But if you have a large or aggressive pet that needs supervision or restraint, please do so!  In the thousands of home inspections I've performed, I've never been attacked by a pet - but I've had a few big dogs I wasn't sure about that were definitely a distraction.  Also, if you have a pet that likes to sneak outside when the door is opened, please make me aware so I can watch out for him/her!

4.  Move ALL items that may limit the home inspector's access.  And please don't stuff everything in the garage or in closets, because I have to inspect in those areas too!  Home Inspectors are not going to move personal items to inspect behind or underneath them.  If access or visibility is obstructed, that area will not be inspected.  This isn't because we're being lazy, but moving things really isn't a home inspector's job.  In fact, the state standards specifically say home inspectors are not required to move personal items, furniture, equipment, etc.  And it's really best for the homeowner that we don't move their stuff.  Most homeowners wouldn't want us to, and we don't want to take a chance of breaking something (which sometimes happens when you start moving stuff).

5.  Replace bad light bulbs.  This makes my job easier and I won't call a light fixture bad when it's really just the bulb.  I have a tool I can screw into the light bulb socket to test the light if it won't come on, but it will only fit regular light bulb sockets.

6.  Don't try to hide stuff with last minute paint or repairs!  This never works and will likely call more attention to the area.  For example, painting the ceiling to cover a water stain doesn't keep me from knowing about a roof leak.  I'll still see the evidence on the roof and in the attic.  Likewise, fresh caulking in the shower may cause me to look more closely at that area.

BUYERS & BUYER'S AGENTS:

1.  Buyers should be present at the inspection.  The scariest way for a buyer to learn the results of their home inspection is by reading the report.  If a buyer is at the inspection, they can ask questions about the problems that are found and the repairs that are necessary.  They can ask questions like "is that common for a house this age?".  As a home inspector, it's my job to make sure my clients learn as much information as possible from my inspection.  I report on everything I see, but I'm not doing my clients any favors if I scare them unnecessarily.  Sometimes, a big list of defects in the home inspection report can scare an unprepared buyer out of one deal, only to find the next house they put under contract has most of the same problems (because the problems are common for the age/type of house).  So I make sure my clients understand as much as possible about the problems I find, and those problems are put in perspective.  A client who comes to my inspection leaves with an understanding of what problems I found, and a good idea which ones are major expenses.  When clients are not at the inspection, I often get frantic phone calls from buyers who are worried about something that's really no big deal.  But when they read the report without the ability to be there, see it and ask questions, it's much more scary. 

Many buyers are out-of-state and cannot attend the inspection.  But if at all possible, the buyers should attend the inspection. A normal inspection takes several hours, and I know it's boring to sit around that long while the inspector inspects!  So ideally, the client and agent should show up during the last half hour of the inspection (ask what time that will be when you make your appointment).  That way, the inspector can give the client and agent a summary of what was found and address their questions.

2.  Verify that all utilities are on.

3.  Understand what a home inspection is, and what it is not.  A pre-purchase home inspection is an opportunity for the buyers to learn more about the home's condition before they own it. Most buyers schedule their home inspection while they can still back out of the deal or negotiate repairs/money. 

While sellers may agree to make some repairs, buyers need to understand that a home inspection report is not intended to be a repair list for the seller (except perhaps on new homes/warranty inspections).  Even on brand new homes, I will usually find dozens of problems.  So a home inspection report with only fifteen deficiencies is a pretty clean house.  But when a first time buyer who's never had a home inspection and thinks they're buying the perfect house gets a report with fifteen deficiencies, they can be scared to death.  Or they may expect the seller to repair every single item, which almost never happens in a re-sale situation.  Unreasonable expectations from one party can blow a deal.

In short, buyers and sellers need to be prepared, and know in advance what to expect from the home inspection.  From my experience, fear of the unknown is the primary reason most deals fall out of escrow after the inspection.  But even when the home has problems, a home inspection should remove both the fear and the unknown, giving the buyers confidence in their purchase rather than scaring them away.  Now don't get me wrong, if the house has several expensive, unexpected problems, there's no amount of preparation that can overcome that.  But knowledge is power, and the home inspection goes much smoother when all parties are prepared and know what to expect.

Scott Hubbard of Homewerx Home Inspections in Phoenix, Arizona 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 June 20, 2008 | Permalink | Comments (24) | TrackBack (0)

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.

Matt Fox of Fox Insurance Services, LLC in Mesa, AZ     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 (10) | TrackBack (0)

Thursday, June 12, 2008

Vacant Lot For Sale By Owner in Sedona, AZ

If you're looking to buy a vacant lot in Sedona, be sure to check out this new listing in our FSBO section.  Vacant lot in Village of Oak Creek, Sedona, AZ...

Visit Shannon Hubbard's Home Page     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 12, 2008 | Permalink | Comments (0) | TrackBack (0)

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.

Visit Shannon Hubbard's Home Page     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 (6) | TrackBack (0)

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.

Matt Fox of Fox Insurance Services, LLC in Mesa, AZ     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 (7) | TrackBack (0)

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!

Visit Shannon Hubbard's Home Page     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 (8) | TrackBack (0)

Thursday, April 10, 2008

Don't Install Satellite on Your Roof This Way

This is bizarre but sad.  Don't try installing satellite TV like this guy did.  He used a gun to shoot a hole (from inside the house) through the exterior of the house instead of punching it another way.  His wife was apparently on the roof when it happened and she was shot.  Even dumber, he shot twice and it was the second shot that killed her.  This happened last month but they just recently decided that no charges are being filed against the husband.

Moral of the story:  Use the right tool for the job, and don't start shooting guns through the house when your wife is on the roof (or any other time, really).

Visit Shannon Hubbard's Home Page     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 10, 2008 | Permalink | Comments (5) | TrackBack (0)

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!

Visit Shannon Hubbard's Home Page     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 (12) | TrackBack (0)

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!  :(

Photo radar ticket at the intersection of Gilbert & McKellips in Mesa, AZI 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)

Visit Shannon Hubbard's Home Page     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 (12) | TrackBack (0)

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...

Continue reading "Homeowner Needs Help with HOA Issue"

Posted by Shannon Hubbard, Arizona Real Estate Agent on March 24, 2008 | Permalink | Comments (14) | TrackBack (0)

Sunday, March 23, 2008

Arizona Snowbirds in my Swimming Pool?

Okay, these may not be the type of 'Arizona snowbirds' you were expecting...  But early this morning, we found an Easter surprise in our swimming pool.  These two ducks decided to use our pool as a free hotel.  They spent a couple hours drinking, bathing and resting in our pool before continuing on their journey.  I'm no bird expert, but we figure they probably needed a place to stop and rest as they were migrating home (heading back north after flying south for the winter?).  My kids were hoping they were an Easter present.  My cats were hoping they were dinner.  And although they were kind of fun to have as guests for a couple of hours, I'm just glad they're gone!

Arizona snowbirds in my swimming pool!

Happy Easter to you and yours!

Visit Shannon Hubbard's Home Page     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 23, 2008 | Permalink | Comments (1) | TrackBack (0)


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