HOA May Restrict Signs In Common Areas

Posted on June 4, 2014 by

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In Some Circumstances A Real Estate Agent May Assist In The Sale Of A Mobile Home

Posted on June 1, 2013 by Bethany Brannan

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Licensee May Sell or Lease a Mobile Home Under Certain Conditions

Posted on September 1, 2012 by

ISSUE: Can an agent list a mobile home for long-term rental? ANSWER: See Discussion. DISCUSSION: Generally, a license issued by the Office of Administration of the Arizona Department of Fire Building and Life Safety is required to act as a broker or salesperson in the sale of a mobile home. See A.R.S. §41-2194(3-4). However, this licensure requirement […]

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Designated Broker May Appoint Replacement for 30-Days or Less

Posted on September 1, 2012 by

ISSUE: What are a broker’s obligations if the broker intends to leave the state or country for one to four weeks? ANSWER: See Discussion. DISCUSSION: According to A.R.S. § 32-2127, if a designated broker is unable to act within 24 hours, he may designate a licensee whom he employs or another designated broker to act […]

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A Licensee May Conduct an Auction

Posted on August 1, 2012 by

FACTS AS PRESENTED BY THE CALLER: A seller wishes to sell his business and the attendant real property in an auction. ISSUE:  May the broker perform the auction? ANSWER:  See Discussion. DISCUSSION: Yes.  Pursuant to A.R.S. § 32-2101(48)(e), a “real estate broker” is one who “auctions or offers, attempts or agrees to auction real estate, […]

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Property Manager Must Maintain Records for Three Years

Posted on August 1, 2012 by

FACTS AS PRESENTED BY THE CALLER: A landlord and his property manager became entangled in a dispute regarding the cost of a repair performed at the subject rental property.  As a result of the dispute, the landlord has demanded that the property manager produce receipts for each and every repair performed at the property at […]

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Designated Broker May Report Agent’s Misconduct to Arizona Department of Real Estate and Be Absolved of Administrative Liability

Posted on May 1, 2012 by

FACTS AS PRESENTED BY THE CALLER: The broker has a listing for a husband and wife, who live out of state. The broker discovers that, after the husband’s death, the agent continues to use blank, pre-signed status change forms signed only by the husband. The broker has since entered into an exclusive listing agreement with […]

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Brokerage May Cancel Listings at Owner’s Request

Posted on March 1, 2012 by

FACTS AS PRESENTED BY THE CALLER: The agent was severed from the brokerage firm and had several listings at the time of the severance.  The brokerage firm does not want to do business with the owners, and the owners have expressed an interest to follow the agent to the new firm. ISSUE: Must the brokerage […]

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Listing Agent Cannot Charge a Processing Fee for Presenting an Offer

Posted on March 1, 2012 by

FACTS AS PRESENTED BY THE CALLER: The listing agent refuses to submit the buyer’s offer to the seller unless the buyer pays a $100 “processing fee.” ISSUE: May the listing agent require a processing fee as a condition of submitting an offer? ANSWER: No. DISCUSSION: A listing agent is required by the Commissioner’s Rules to […]

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Agent Must Recommend Professional Advice Prior to Pre-Possession Agreement

Posted on February 1, 2012 by

FACTS AS PRESENTED BY THE CALLER: The buyer wants to take possession of the property before the close of escrow. The seller, who does not occupy the premises, has no objection to this pre-possession. ISSUE: May the listing agent draft a pre-possession agreement to facilitate the parties’ desires? ANSWER: See Discussion. DISCUSSION: The listing agent […]

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