Legal Articles (Archives)
AAR Miscellaneous New and Revised Forms | January 2011
Posted on January 1, 2011 by
The Miscellaneous Forms Workgroup was chaired by Martha Appel and included Larry Hibler, Jim Amdahl, Kathy Sanford, Paula Serven, Liz Echeverria and AAR staff Christina Smalls and Jan Steward. This group worked on five miscellaneous forms: Multiple Counter Offer, Multiple Offer/Counter Offer, Counter Offer, Residential Buyer’s Inspection Notice and Seller’s Response (BINSR) and Short Sale [...]
Continue Reading »Pool Barrier Laws & Information
Posted on October 27, 2010 by
Below is a list of many of the political subdivisions in the State of Arizona with swimming pool barrier laws. To obtain a copy of the pool barrier law requirements that may affect your property, contact the department listed or click on the links, for pool barrier laws online. “Understanding the Pool Barrier Laws“ A [...]
Continue Reading »Northern Arizona’s Wildfires and Floods Raise Contract Questions Part 2
Posted on August 27, 2010 by Michelle Lind
Part Two of Two | View Part One Q: Is a seller of a property located in an area that has been affected by a fire and flood required to disclose that information on the Seller Property Disclosure Statement (“SPDS”)? A: Where a seller of real property knows of facts materially affecting the value of the [...]
Continue Reading »Broker Privacy Policy
Posted on April 5, 2010 by
Disclaimer: The sample Broker Privacy Policy is provided courtesy of Richard Mack of Mack, Drucker & Watson P.C. The sample Policy is provided for informational purposes only and is not intended as definitive legal advice This sample Policy is provided without representations or warranties and may not be updated or revised as for accuracy. You [...]
Continue Reading »NAR Asks Obama Administration to Urge Servicers to Participate in the Upcoming Short Sales Program
Posted on August 3, 2009 by
On July 24, 2009, NAR President Charles McMillan wrote to officials of the Treasury Department and the Department of Housing and Urban Development asking them to include a discussion of the importance of participation in the Obama Administration’s upcoming Short Sales Program in their meeting with servicers on July 28, 2009. The new Short Sales [...]
Continue Reading »Legal Requirements to Prevent Identity Theft
Posted on July 9, 2009 by Michelle Lind
Identity theft occurs when a person fraudulently uses a victim’s personal identifying information to access the victim’s bank account, obtain a loan or credit card, purchase goods or services, or use the victim’s name in illegal activities or if arrested. Identity thieves obtain a victim’s personal information in a variety of ways, such as searching [...]
Continue Reading »ADRE Rule And Policy Regarding Providing Information To A Client
Posted on February 10, 2006 by Michelle Lind
ADRE RULES AND POLICY STATEMENTS The Arizona Department of Real Estate (“ADRE”) has the authority to promulgate Administrative Rules, which are often referred to as “Commissioner’s Rules” and Substantive Policy Statements. These rules and policies expand on the statutes that govern the ADRE and the brokers and salespersons regulated by the Department. The Administrative Procedure [...]
Continue Reading »Protect Your Right to Compensation with Proper Employment Agreement
Posted on March 27, 2004 by Michelle Lind
Although a real estate employment agreement is not required for a broker to represent a party in a transaction, most listing brokers have an employment agreement with the seller and an increasing number of brokers have an employment agreement with the buyer. These employment agreements, commonly known as listing agreements and buyer-broker agreements, specify how [...]
Continue Reading »Using the REALTOR® Trademark
Posted on July 1, 2003 by
The term REALTOR® is a federally registered collective membership mark owned exclusively by the National Association of REALTORS® (“NAR”). The REALTOR® membership mark serves the singular function of identifying and distinguishing members of NAR. The mark is licensed for exclusive use by members as a means of indicating their membership status. Members are licensed to [...]
Continue Reading »Keep Commissions Out of the Contract
Posted on May 10, 2003 by Michelle Lind
The Arizona Association of REALTORS® Residential Resale Real Estate Purchase Contract (“Contract”) should not be used to address broker compensation or commission issues. The Contract is an agreement between the buyer and the seller outlining each party’s rights and obligations in the sale of a home. The Contract should not be utilized to negotiate or [...]
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