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Frequently Asked Questions September 2003 ~ Reviewed December 2004 |
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Q.
What is a REALTOR®? A. Members of the public often contact our association to obtain advice about working with REALTORS® and how to select one. First, it is important that the real estate agent you select is a REALTOR®. Not every real estate agent is a REALTOR®. A REALTOR® is a member of the NATIONAL ASSOCIATION OF REALTORS® and is subject to a strict Code of Ethics. REALTORS® have a variety of programs and services available to them through the REALTOR® organization, encouraging professionalism and competency. Look for the big “R” on a real estate agent’s card, identifying them as a REALTOR®. Q. How do I select a REALTOR®? A. The Arizona Association of REALTORS® has over 52,298 members throughout Arizona. We do not refer callers to specific REALTORS® or REALTOR® firms. You can locate REALTORS® in your area through “Find-a-REALTOR®”. Other sources include the Yellow Pages and the Chamber of Commerce, or ask friends and neighbors for their recommendations. We recommend that potential buyers or sellers contact several REALTORS® to discuss the type of services each provides and to find a comfortable fit. Another consideration is to ask the REALTOR® about any professional designations they may hold. Designations are an indication that the REALTOR® has made extra effort to become knowledgeable and professional. Q. What do I do if I have a problem with a listing? A. Property owners often have questions about certain aspects of their listing agreements with REALTORS®. Most residential listings in Arizona are “exclusive right to sell” listings. In this type of listing, the owner agrees to pay the negotiated commission to the listing firm no matter who finds the buyer for the property. The amount of the commission and the length of the listing term are completely negotiable. If a seller becomes dissatisfied with the listing broker or agent and wants to cancel the listing prior to the expiration date, we recommend contacting the listing agent to discuss their dissatisfaction and try to correct the problem. Listings are often “bilateral agreements” and cannot be canceled without the mutual agreement of the seller(s) and the listing broker. If the seller is still dissatisfied, we recommend contacting the agent’s designated broker to discuss the situation. Frequently, some type of agreement to either correct the problem or to mutually cancel the listing can be reached. Q. I would like to file a complaint against a REALTOR® A. For information regarding the Ethics Complaint process through the Arizona Association of REALTORS®, please review Consumer Assistance, Complaints and Disputes on our website. Q. I have a Landlord/Tenant issue. Who should I call? A. If you would like a copy of the Arizona Landlord/Tenant Act, contact the Secretary of State’s office at 602-542-4285 or download a copy from their website at www.azsos.gov. For referral to community agencies, contact the Community Information and Referral Services at 602-263-8856 or 800-352-2792. If you wish to contact the William Adams Landlord Tenant Information Helpline at 900-976-1011, there is a cost of $1.50 per minute. For landlord/tenant legal assistance in Phoenix, call Community Legal Services at 602-258-3434. This program has an income limit. You may also want to contact the Lawyer Referral Program in Phoenix at 602-257-4434 or in Tucson at 520-623-4625. This service allows you to speak directly with a lawyer in a 30-minute consultation for $25. Q. I am looking for a real estate attorney. Who should I call? A. Contact the Arizona State Bar Association for a list of State Bar Certified Real Estate Specialists at www.azbar.org or by telephone at 602-340-7300. Q. I have a complaint about a lender. Who should I call? A. If you have a question about your real estate loan, contact your lender directly. If you have a general question or a complaint about a lender, contact the Arizona Mortgage Bankers Association at http://nt.mortgage101.com/partner-scripts/master.asp?p=azmortgagelenders or by telephone at 480-348-7488. The Arizona Banking Department at www.azbanking.com or by telephone at 602-255-4421. Q. I have a question about the escrow and title company. Who should I call? A. If you have an escrow or title question, you can contact the Land Title Association. For current contact information please visit www.alta.org/cnsrinfo/. If you have a complaint about an escrow or title company, contact the Arizona Banking Department at www.azbanking.com/ or by telephone at 602-255-4421. Q. I need information about home inspectors. Who should I call? A. For the buyer’s protection, the importance of having a home inspected by a professional home inspector cannot be over-emphasized. A home inspection is a visual physical examination, performed for a fee, designed to identify material defects in the home. The home inspector will generally provide the buyer with a report detailing information about the home’s condition. The inspector and the report will point out existing problems and possible potential problems. The buyer should carefully review this report with the inspector and ask the inspector about any item of concern. Pay attention to the scope of the inspection and any portions of the property excluded from the inspection. Home inspectors must be certified by the State of Arizona. A list of certified home inspectors may be found at the Arizona Board of Technical Registration website: www.btr.state.az.us. Additional information on inspections may be found at the American Society of Home Inspectors website: www.ashi.com or the Arizona ASHI website: www.arizona-ashi-home-inspection.com. Guidance on hiring a home inspector may be found at www.realtor.com/basics/buy/inspnegot/hire.asp?gate=realtor&poe=homestore. Q. I have a question about real estate licensing. Who should I call? A. The REALTOR® Association does not issue real estate licenses; nor does it regulate real estate licensees. If you have a question about how to obtain a real estate license, license renewal, or related licensing information, contact the Arizona Department of Real Estate at 602-468-1414 or in Tucson at 520-628-6940 or visit their Web site at www.azre.gov. Q. I would like a translator to assist me in a real estate transaction. Do you have a list of translators? A. Yes, please feel free to print out the list of translators available in the state of Arizona. Q. I have a question about real estate subdivisions. Who should I call? A. If you have a question about real estate subdivision regulations, contact the Arizona Department of Real Estate in Phoenix at 602-468-1414 or in Tucson at 520-628-6940 or visit their website at www.azre.gov Q. Who do I call if I have a question about a home builder? A. If you have a question or complaint about a home builder or a problem with your new home, please contact either the Home Builders Association in Phoenix at www.hbaca.org/main1.htm or by telephone at 602-274-6545, in Tucson at 520-795-5114, or in Central Arizona at 520-779-3071, or call the Registrar of Contractors at www.rc.state.az.us/ or by telephone at 602-542-1525. Q. I have a question about housing discrimination. Who do I call? A. If you believe you’ve been discriminated against in your housing search on the basis of your race, color, religion, sex, national origin, familial status or handicap, you can contact the local association of REALTORS® in your area if it concerns a REALTOR®, or you can contact the Arizona Attorney General’s office at www.azag.gov or by telephone at 602-542-5263. Q. I have a dispute with the other party in my real estate transaction and want information on mediation. What should I do? A. If you have a dispute with the other party in your real estate transaction, mediation may be the next option for you to consider. If you used the Arizona Association of REALTORS® purchase contract, you and the other party to your real estate transaction have agreed to mediate any dispute arising out of your transaction prior to taking any other legal steps. If you want information about how to initiate mediation with the other party, you may contact one of the Arizona Association of REALTORS® approved mediator providers listed in the DRS Mediation Packet. Q. I would like to I would like to know more about housing opportunity programs in Arizona. Where could I find some information? A. Please visit the Arizona REALTORS® Housing Needs Foundation website at www.aarhnf.com for information regarding statewide housing needs programs, classes, seminars, etc. The foregoing is for informational purposes only and is not intended as definitive legal or tax advice. Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship. You should not act upon this information without seeking independent legal counsel. If you desire legal advice, tax or other professional advice, please contact your attorney, tax advisor or other professional consultant. | ||||||||||||
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