Arizona REALTOR® VOICE Archive
2020
December 29, 2020
Over the next couple of weeks, annual recaps of the Year That Was will inundate the TV and remind us of what we already know; 2020 was awful.
But don’t despair, we’re eternal optimists here at Arizona REALTORS® and we took a look at the bright side of what might go down as one of the most challenging years many of us will experience in our lifetimes.
From mortgage rates to the designation of real estate as an essential service, there were some positives among the negatives and prove once and for all that things could always be worse…
EPCOR Update
Arizona utility regulators approved the purchase of Johnson Utilities by EPCOR USA to provide water and wastewater services in the Florence, Queen Creek and San Tan Valley area.
Arizona REALTORS® have been closely monitoring the situation for a number of years and spoke in favor of the proposal alongside other local stakeholders at the Corporation Commission hearing last week.
Our Government Affairs Director Matt Contorelli provides an update in this timely column.
Confused?
While the staff here at the secret AZ REALTOR® VOICE bunker is often bewildered by things like Algebra, Holiday Fruitcake and the Macarena, our Tech Team is never confused when members call about accessing their forms via Transaction Desk.
Need a quick reminder on how to log in? We’ve got you covered.
In The Event Of A Seller’s Breach The Buyer May Sue For Damages, Specific Performance Or Retain The Earnest Money
FACTS:
Despite the seller’s contractual obligations, it appears the seller will not close escrow and complete the transaction, because she does not have sufficient funds to move.
ISSUE:
If the seller does not close escrow, what are the remedies? If the seller does close escrow, but does not move, what are the remedies?
ANSWER:
See Discussion.
DISCUSSION:
If the seller does not timely close escrow, the buyer is to issue a Cure Period Notice. If the breach is not timely cured, the buyer has three remedies. The buyer can cancel the contract and accept the earnest deposit as damages. The buyer can file a suit for specific performance to enforce the contract and attach a Lis Pendens to the property. Or, the buyer can sue for monetary damages for the breach (i.e., the replacement cost of purchasing a different house).
If the seller does close escrow, but does not timely move, the buyer should issue a Five-Day Notice to Vacate. If after expiration of the five day period the seller remains in the property, the buyer can proceed with a forcible entry and detainer action and seek to have the seller removed from the property. That requires a formal action being filed in Justice Court to obtain the required order.
Septic System Inspection Required Even if Septic System is to be Abandoned after Closing
ISSUE:
The contract is for the sale of a forty-acre parcel of land. The only improvement on the forty-acre parcel of land is a mobile home with a septic system. After closing the buyer intends to abandon the septic system and develop the entire forty-acre parcel of land. Is the seller required to complete a septic system inspection even if the septic system will be abandoned after closing?
ANSWER:
Yes. A.A.C. R18-9-A316(A) provides that any person transferring ownership of a property served by an on site wastewater treatment facility shall retain a qualified inspector to inspect the facility within six months prior to transferring ownership of the property. There is no exception for a septic system that a buyer intends to abandon after closing. Therefore, the seller is required to conduct the septic system inspection within six months prior to transferring the property. The buyer is then required within fifteen calendar days after closing to complete and file a Notice of Transfer form. A.A.C. R18-9-A316(E).
- December 29, 2020
- December 22
- Wire Fraud Update
- NAR Code of Ethics Training
- December 15
- TransactionDesk Phone Setup
- Economic Forecast: COVID Era and Beyond
- December 8
- NAR Committee Reports
- REALTORS® Robocalls & Reality
- AZ REALTORS® enjoy Tech Helpline
- December 1
- Update on Code of Ethics
- Totes for Hope
- Realtor® Day PPD
- November 24
- Online Ethics Complaint Form
- Behind the Curtain of Real Estate Education
- Open House Intel
- November 17
- Brokerage & Title Affiliated Business Disclosure
- Leadership Interview Series
- New App Lets You Personalize and Share Social Media Content
- November 10
- Client Love Letters
- Leadership Interview Series
- zipForm Update
- November 3
- October 27
- October 20
- October 13
- October 6
- September 29
- September 22
- VIDEO – Overcoming Safety Objections
- SURVEY RESULTS – Precautions members take to protect themselves and clients
- Protect Your Investment Guide
- Legal Hotline
- September 15
- Leadership Interview Series
- The RAPAC team has the cure for COVID-19!
- Community Outreach Awards
- Legal Hotline
- September 8, 2020
- September 1, 2020
- August 25, 2020
- August 18, 2020
- August 11, 2020
- August 4, 2020
- July 28, 2020
- Economic Pulse Survey – Verbatim Responses
- Avoid Using “On or Before” in Contracts
- Customizing your Agent Dashboard in Transaction Desk
- July 21, 2020
- July 14, 2020
- July 7, 2020
- June 30, 2020
- June 23, 2020
- Are You Adding Confusion to an Addendum?
- 10 Quick Tips to Improve Email Engagement
- 2020 Home Ownership Month: A New Era
- June 16, 2020
- TransactionDesk: Tips, Tricks & Training
- Understanding Pool Barrier Laws
- “Know Before You Owe”TRID Rule Updates
- June 9, 2020
- June 2, 2020
- May 26, 2020
- May 19, 2020
- May 12, 2020
- May 5, 2020
- April 28, 2020
- Compliance with Arizona Blue Sky Laws is Critical
- WEBINAR: Condos in Arizona
- Unemployment for Independent Contractors
- April 21, 2020
- Preparing Your Clients for Remote Online Notarization Today and Beyond
- Scott’s Legal Scoops
- COVID-19 Certification for Property Access
- April 7, 2020
- Info & Resources from REALTORS® for REALTORS®
- Model COVID-19 Certification For Property Access
- Sharing is Caring on TransactionDesk
- March 31, 2020
- What Does Governor Ducey’s Shelter Order Mean for REALTORS®?
- AZ REALTORS® Ready To Assist Buyers and Sellers, Taking Extra Precautions
- COVID-19 Causes Suspension of Some Evictions
- TransactionDesk Virtual Training
- March 3, 2020
- February 25, 2020
- February 18, 2020
- February 4, 2020
- Problem: Homelessness /// Solution: AZ Housing Fund
- New Guidance for Assistance Animals
- Accessing Accessibility
- January 28, 2020
- January 21, 2020
- January 14, 2020
- Residential Purchase Contract to be Revised
- New App Lets You Personalize and Share Social Media Content
- Adding Forms to Transactions
- January 7, 2020
December 22
Wire Fraud Update
NAR Code of Ethics Training
Legal Hotline
Notice to Agent Constitutes Notice to Principle
FACTS:
ISSUE:
The purchase contract provides that the buyer has ten days after the physical inspection to notify the seller in writing of any defects. The buyer’s agent notified the listing broker of the defects, but could not locate the seller. Does notice to the listing broker constitute notice to the seller?
ANSWER:
Yes. Under Arizona law, notice to an agent generally constitutes notice to a principle. In Re Milliman’s Estate, 101 Ariz. 54, 415 P.2d 877 (1966). On these facts, since the listing broker was notified in writing of the defects, this notice in imputed to the seller.
No Probate Required for Real Property with Low Equity
FACTS:
ISSUE:
An elderly lady dies with her only heir being her adult son. Her only substantial asset is her home with an assessed value of $120,000 and with a mortgage of $80,000. The elderly lady has no Will. Does her adult son have to open a probate to convey the home to him?
ANSWER:
No. Under A.R.S. §14-3971(E) no probate is required to transfer by affidavit a home with low equity. In general, the requirements are the following:
1. The equity in the home per assessed value is less than $100,000;
2. More than six months have passed since the date of death;
3. Funeral expenses, expenses of the last illness and all unsecured debts of the decedent have been paid;
4. The person signing the affidavit is entitled to the real property by reason of the allowance in lieu of homestead, exempt property or family allowance, by intestate succession as the sole heir or heirs, or by devise under a valid last will of the decedent, the original of which is attached to the affidavit or has been probated;
5. No other person has a right to the interest of the decedent in the described property; and
6. No federal estate tax is due on the decedent’s estate.
Therefore, the adult son should be able to convey the home to himself by recording the proper affidavit.
December 15
TransactionDesk Phone Setup
Economic Forecast: COVID Era and Beyond
Legal Hotline
Advertising Funds Should be Placed Into a Trust Account
FACTS:
Broker’s client is a developer. The developer wants broker to coordinate advertisement of the development. The developer wants to send broker $1,000 a month to advertise the property. The developer wants receipts to show how the funds are spent in advertising.
ISSUE:
Does broker have to place the funds in a trust account?
ANSWER:
Yes.
DISCUSSION:
A.R.S. § 32-2151(B)(2) provides: “A broker shall not permit advance payment of monies belonging to others to be deposited in the broker’s personal account or to be commingled with personal monies.”
Therefore, upon receipt of the funds, the broker should immediately place the money into a broker trust account.
Exception to Rule that Agent Must Receive Compensation from the Brokerage Firm With Whom He is Licensed
FACTS:
The agent left the brokerage firm to join a new firm. Pursuant to the independent contractor agreement (ICA) with the original brokerage, the agent would receive a portion of the commission upon the close of escrow. The agent has insisted that the commission(s) be sent directly to him rather than to his new broker.
ISSUE:
May the broker send the commission directly to the agent now that he is licensed at a different brokerage firm?
ANSWER:
Yes.
DISCUSSION:
Substantive Policy Statement No. 2005.08 provides that “[w]hen a real estate licensee has rightfully earned a commission while in the employ of a broker, and in accordance with their agreement, that broker may pay the licensee, even though the licensee may have left the employ of that broker.”
December 8
NAR Committee Reports
REALTORS® Robocalls & Reality
AZ REALTORS® enjoy Tech Helpline
Seller Must Repair Damage Created By Alarm System Removal
FACTS:
The residential property had a leased alarm system. The buyer was given the opportunity to assume the lease in escrow but declined. The seller made arrangements for the alarm company to remove the alarm system. In so doing, the alarm company caused damage to the property.
ISSUE:
Who is responsible for the damage to the property?
ANSWER:
In the Arizona REALTORS® Residential Resale Real Estate Purchase Contract, the seller warrants that the property will be in “substantially the same condition as on the same date of contract acceptance.” Based on this language, the repair of the damage caused by the removal of the alarm system is the seller’s responsibility.
HUD Provides Guidelines For The Use Of Equal Housing Logo
December 1
Update on Code of Ethics
Totes for Hope
Realtor® Day PPD
Seller Cannot Remove Shutters and Ceiling Fans After the Buyer’s Final Walk-Through
The Death Of The Owner Generally Terminates The Listing Agreement
November 24
Online Ethics Complaint Form
Behind the Curtain of Real Estate Education
Open House Intel
The Commissioner’s Rules Require That the Listing Agent Submit an Offer to the Seller
FACTS:
The buyer’s agent submitted an offer to purchase the property using the Arizona REALTORS® Residential Resale Real Estate Purchase Contract (Contract). Apparently, there were more than ten (10) offers submitted to purchase the home. The offer submitted by the buyer’s agent was not accepted. Rather, the seller accepted a different offer. The buyer’s agent is convinced that the listing agent did not even submit his offer to the seller.
ISSUE:
Is the listing agent obligated to disclose all offers to the seller?
ANSWER:
Yes.
DISCUSSION:
A listing agent must deliver all offers to a seller. See A.A.C. R4-28 802(B). Thus, the listing agent should have submitted the buyer’s agent’s offer to the seller.
Note: Section 9c of the Contract has a provision to address this potential uncertainty and distrust by the buyer’s agent. There is a box which provides a place for the seller to reject the offers. Especially when multiple offers are presented, the listing agent should have the seller initial Section 9, rejecting the offer, so as to avoid potential confusion and suspicion.
Delivery Required to Create an Enforceable Contract
FACTS:
The buyer’s agent submitted an offer using the Arizona REALTORS® Residential Resale Real Estate Purchase Contract (Contract). Several hours later the listing agent texted the buyer’s agent saying that the seller had signed the offer. The listing agent subsequently stopped communicating with the buyer’s agent. The buyer’s agent learned several days later that the seller had opened escrow with another buyer.
ISSUE:
Did the listing agent’s text create a contract by and between the parties.
ANSWER:
No.
DISCUSSION:
The Contract specifically provides how acceptance may be accomplished in Section 8o. Specifically, an offer becomes a binding contract when acceptance signed by the seller is delivered to the buyer’s agent. Here, the signed acceptance from the seller was never delivered to the buyer’s agent. As such, the text from the listing agent does not create a valid contract.
November 17
Brokerage & Title Affiliated Business Disclosure
Leadership Interview Series
New App Lets You Personalize and Share Social Media Content
Bankruptcy Court Must Approve the Sale if the Seller has a Pending Bankruptcy
FACTS:
The 10- acre vacant parcel of land is owned by seven different owners as Tenants in Common. All of the owners signed the purchase contract and escrow was opened. During escrow, the buyer discovered that one of the owners filed a petition for bankruptcy and the bankruptcy is currently pending. Bankruptcy counsel has advised the parties that Bankruptcy Court approval will be required to close escrow. The buyer does not want to wait for Bankruptcy Court approval and is insisting that the transaction close as scheduled.
ISSUE:
Assuming the buyer wants to proceed with the purchase and not cancel, must the buyer wait for Bankruptcy Court approval to close escrow?
ANSWER:
Yes.
DISCUSSION:
The seller who is in bankruptcy must abide by the Bankruptcy Court Rules and bankruptcy law in general. That seller’s ownership interest is an asset of the bankruptcy estate. The bankruptcy trustee therefore has an obligation to ensure that the price is fair and in the best interest of the bankruptcy estate. Thus, the Bankruptcy Court must approve the sale before the buyer can close escrow.
Title for This Block
Description for this block.
FACTS:
An agent representing a buyer sent an email to the listing agent generally outlining the terms of an offer the buyer intends to make. The buyer’s agent is insisting that the email “offer” be presented to the seller and the seller respond.
ISSUE:
Is the listing agent obligated to provide the email to the seller?
ANSWER:
See discussion.
DISCUSSION:
The listing agent is obligated to promptly submit all offers to the seller. See A.A.C. R4-28 803(B). An email from a buyer’s agent generally outlining terms, however, is not an “offer” as contemplated by the statutes. As such, the seller and listing agent are not obligated to respond to the email. As a matter of good practice, the listing agent should notify the seller of the potential offer.
November 10
Client Love Letters
Leadership Interview Series
zipForm Update
Legal Hotline
Buyer Must Provide Notice of Change in Loan Program
FACTS:
In connection with the Arizona REALTORS® Residential Resale Real Estate Purchase Contract (Contract), the buyer submitted a prequalification form indicating that the buyer was relying on the sale of her home as a condition to obtaining financing. A week after the Contract was entered into, the buyer presented another prequalification form which provided that the sale of the buyer’s home is not a condition for financing based on a program with a different lender.
ISSUE:
Must the buyer obtain seller’s consent to this change in lender?
ANSWER:
No. See discussion.
DISCUSSION:
Section 2k of the Contract addresses the situation. The seller’s consent is required only if the change adversely affects the buyer’s ability to obtain loan approval, increases the seller’s closing costs, or delays the close of escrow. Here, none of those conditions are present. In fact, the subsequent loan program is more beneficial to the seller. Accordingly, the seller need not consent to the changes. The notice provided by the buyer is sufficient.
Covenants, Conditions & Restrictions (CC&R’s) May Restrict Short Term Rentals
FACTS:
The CC&Rs prohibit short term rentals in the subdivision. The seller, however, disclosed to the buyer in an email that the CC&Rs’ restriction on rentals is illegal under Arizona Law. The listing agent is concerned that this disclosure is potentially inaccurate.
ISSUE:
Is the listing agent obligated to correct or clarify the seller’s disclosure?
ANSWER:
See discussion.
DISCUSSION:
Generally speaking, CC&Rs constitute a contract by and between the owners within the subdivision to conduct themselves in a way consistent with the provisions of the CC&Rs. As such, the prohibition on short-term rentals in CC&Rs is likely enforceable. The seller may be confused with A.R.S. § 9-500.39, which prohibits municipalities from restricting short-term rentals. That statute does not apply to private homeowners’ associations.
Because the listing agent’s disclosure obligations run parallel with the seller’s, the listing agent should first consult with the seller as to the potentially inaccurate information. Second, the listing agent should ensure that the appropriate disclosure is made in writing.
November 3
Leadership Conference & Awards Ceremony
TransactionDesk Self-Navigation
Legal Hotline
Closing Escrow Without Legal Access is Legal, But Risky
FACTS:
Pending Trustee’s Sale Must be Disclosed
FACTS:
Several weeks after taking the listing, the listing agent discovered that the property was in foreclosure, with a trustee sale scheduled in two months. The listing agent is concerned about the viability of the listing and any disclosure obligations.
ISSUE:
Must the listing agent disclose the pending Trustee’s Sale if the seller declines to do so?
ANSWER:
Yes.
DISCUSSION:
Both the seller and the listing agent are required to disclose all known material facts, including that the seller may not be able to perform. See A.A.C. R4-28-1101(B). The disclosure should be made in writing at or before the time a contract is entered into. Even if the seller declines to make the disclosure, the agent is still obligated to do so.
Note, the Notice of Trustee’s Sale does not affect the enforceability of the listing.
October 27
Leadership Transition
Single Sign-On
AZ Housing Fund
Legal Hotline
Request for Credit Still Improper Through a BINSR
FACTS:
The Buyer and Seller executed the AAR February 2017 Residential Purchase Contract. During the Inspection Period, the Buyer provided a BINSR to the Seller. In the BINSR, the Buyer asked for repairs and a $1,200.00 credit to install a gas stub to an outdoor fire pit that the Seller had agreed to leave behind as personal property.
The Seller said yes to all repairs, but said no to the credit.
The Buyer now wants to cancel the Contract.
ISSUE:
Can a Buyer cancel the Contract if the Seller refuses to provide a credit requested on the BINSR?
Buyer Cannot Use BINSR to Offer to Amend a Contract
FACTS:
During the inspection period, the buyer submits a Buyer’s Inspection Notice and Sellers’ Response (“BINSR”) to the seller requesting the repair of three items, and also requests that the seller provide a geological survey at the seller’s cost to determine the cause of a crack in the foundation. In the seller’s response, the seller agreed to repair the three items, but refused to provide a geological survey.
ISSUE:
Can the buyer cancel the contract because the seller only agreed to repair the three items, but refused to provide a geological survey?
ANSWER:
No. Under Section 6i of the Contract, the buyer is required during the inspection period to deliver to the seller notice of the “items disapproved,” and the buyer can then either cancel the Contract or provide the seller an opportunity to correct the items disapproved. The demand for a geological survey is not the disapproval of any item, but an offer to amend the Contract. The seller is entitled to reject this offer to amend the Contract by not agreeing to furnish a geological survey. Therefore, inasmuch as the seller agreed to repair the three items disapproved by the buyer, the buyer has no right to cancel the Contract.
Note: The AAR Addedum form, and not the BINSR, should be used if either the seller or the buyer wants to amend the Contract.
October 20
New Home Disclosure Reports
2020 Voter Guide
Legal Hotline
Out of State Broker May Not List Property For Sale
Lack of Affidavit of Disclosure Does Not Give Buyer Right to Rescind after Closing
October 13
Rejected Offers
Contract Convo: H.O.A Addendum
2020 Voter Guide
Legal Hotline
Transfer of Ownership Into an LLC May Affect Your Title Insurance
FACTS:
John Smith, a single man, purchased a property as his sole and separate property. After close of escrow, John Smith formed an LLC for tax purposes. John Smith then transferred ownership of the property by executing a Quit Claim Deed from himself to his LLC.
ISSUE:
Is the title insurance policy affected when an individual transfers his property into an LLC?
ANSWER:
Probably.
DISCUSSION:
An LLC is a legal person, therefore, the property is now owned by the LLC, not John Smith. Therefore, John Smith would no longer have title insurance on the property unless he paid for an additional insured endorsement.
Best business practice tip: If an individual is transferring ownership of a property into an LLC, or other entity, he/she should consult with a title company for information on obtaining an additional insured endorsement.
Buyer May Cancel Certain Transactions If Property is Purchased Sigh Unseen
FACTS:
Client currently resides out of the county but is interested in purchasing a vacant land parcel. The prospective purchaser is considering buying the parcel sight unseen.
ISSUE:
Would the prospective buyer have a six-month rescission right as a result of purchasing the property sight unseen?
ANSWER:
See Discussion.
DISCUSSION:
If the parcel at issue is either: (1) an unimproved subdivided lot, or (2) “unsubdivided lands”, as those terms are defined by statute, a buyer who purchases the property sight unseen may inspect the property and unilaterally rescind the sale within six months after the date of the purchase contract. See A.R.S. § 32-2195.04(E) (applicable to unsubdivided lands), A.R.S. § 32-2185.01(E) (applicable to unimproved subdivided lots or parcels). Please note that not all vacant parcels qualify as unimproved subdivided lots or unsubdivided lands. The AAR Vacant Land/Lot Purchase Contract Addendum Regarding Subdivided or Unsubdivided Land (08/07) outlines the buyer recession right at lines 20-26.
Arizona REALTOR® Magazine – October 2012
October 6
Eviction Moratorium Update
Scott’s Legal Scoops
The Anti-Deficiency Statute Strikes Back
Legal Hotline
Final Acceptance of Multiple Counter Offers
Multiple Counter-Offer Does Not Cancel Negotiations
September 29
Wholesaling is on the rise
Contract Conversation: HOA Addendum
Authentisign Layouts
Legal Hotline
“Double escrows” must be disclosed
Buyer May Cancel Certain Transactions If Property Is Purchased Sight Unseen
September 22
VIDEO – Overcoming Safety Objections
SURVEY RESULTS – Precautions members take to protect themselves and clients
Protect Your Investment Guide
Legal Hotline
“Double escrows” must be disclosed
Known HOA Violations Must be Disclosed
September 15
Leadership Interview Series
The RAPAC team has the cure for COVID-19!
Community Outreach Awards
Legal Hotline
A Call For “Highest and Best” Does Not Create An Auction
A Seller May Require That A Particular Title Company Be Used Only If The Seller Pays All Associated Fees
September 8, 2020
Leadership Interview Series
2020 Arizona REALTORS® President Mary Roberts
As we celebrate our 75th Anniversary, we’re also honoring the 75 Presidents of your state association.
It goes without saying that 2020 has thrown some unique challenges at the industry and this year’s President Mary Roberts has successfully led Arizona REALTORS® through some of the most dramatic changes the industry has experienced in quite a while.
In this third segment of our Leadership Interview Series, President, Mary talks about how she got involved with the state and national associations of REALTORS® and how it impacts her day-to-day business.
Using Markups in Authentisign
Authentisign has a great feature that allows you to add text to a document that needs to be signed by your clients.
Our experts walk you through the simple process in this week’s tech update.
Enter to win a $100 Gift Card
It’s REALTOR® Safety Month and we want to share the precautions you take to protect yourself and clients with Arizona’s real estate community.
Your response could win you a $100 gift card!
Later this month we’ll share your responses on our website and announce which random participant won the gift card!
September 1, 2020
Leadership Interview Series
As we celebrate our 75th Anniversary, we’re also honoring the 75 Presidents of your state association.
It goes without saying that 2020 has thrown some unique challenges at the industry and this year’s President Mary Roberts has successfully led Arizona REALTORS® through some of the most dramatic changes the industry has experienced in quite a while.
The segment features Mary’s early years and what led her to settle in Lake Havasu City.
Scott’s Legal Scoops
What happens to earnest money if a buyer fails to provide a reason when they give the seller notice of cancelation within the inspection period?
Our General Counsel and Assistant CEO, Scott Drucker, has the answer in this month’s Legal Scoops.
Anyone who works in the real estate industry knows Cash is King. However, for many buyers navigating FHA or VA financing, it can be a complex process.
While disclosure forms are meant to protect buyers who are accessing government financing, the Amendatory/Escape Clause can easily confuse our clients and introduce more anxiety into an already stressful transaction.
In this piece by Assistant General Counsel Nikki Salgat, you’ll learn more about the clause and how to prepare your buyers best if they ask for help.
August 25, 2020
Leadership Interview Series
In this first segment of our four-part Leadership Interview Series, find out how President Mary got involved with real estate after moving to Lake Havasu City (the second time) …
Flood Insurance
Did you know that our state has a greater amount of area in flood plains than any other non-coastal state?
While most of Arizona hasn’t seen much in the way of rain this monsoon season, we all know the skies can open at any moment bringing a deluge of water to our desert.
Are you and your clients prepared when the rain turns into pain?
Get up to speed on the latest info on flood insurance from NAR as well as state and federal resources.
August 18, 2020
Supreme Court Protects REALTORS®
When do seven votes carry nearly the same weight as 1.4 million?
When those seven votes come from Arizona’s Supreme Court Justices and their unanimous confirmation of a key aspect of the Protect Arizona Taxpayers Act!
In the state’s first real test of Prop. 126 passed by voters in 2018, Arizona’s top court was faced with a decision that could have undermined the will of voters and opened the door to state and local government’s desire to increase taxes on services.
Add a time stamp using Authentisign
Want to add a time stamp on TransactionDesk using AuthentiSign? The right click menu option allows you to do so quite easily.
August 11, 2020
Realty Website Accessibility
Imagine ignoring one out of every four potential leads in your business. If your website and online platforms are not ADA compliant, that’s exactly what could happen.
With 25.8% of Arizona adults living with a disability, working to ensure our websites are accessible to everyone can be the difference between missing an opportunity or landing a new client.
This week’s featured selections will provide you with knowledge and the steps you can take to improve accessibility and better communicate with this important group of people.
Is Your Website Accessible to Everyone?
Steps to Increased Website Accessibility
Rental Property Owner Preservation Fund
Last week, the Rental Property Owner Preservation Fund (RPOPF) was established by the Governor’s Office.
This fund is intended to provide financial assistance to eligible landlords and property owners, who have faced hardships, directly or indirectly, due to the impact of the coronavirus; and are struggling with lost rental income due to nonpayment by their tenants.
2020 REALTOR® Caucus
On Thursday, September 3rd, Arizona’s REALTORS® will meet virtually for the annual REALTOR® Caucus. During the caucus REALTORS® are encouraged to share their input on current issues that affect the real estate industry. Caucus serves as an opportunity to discuss recommendations for possible legislative or regulatory actions for the 2021 legislative session.
August 4, 2020
Baffling BINSRs
If a clear and concise Buyer’s Inspection Notice and Seller’s Response make REALTORS® lives easier, why is it that we find confusing references within the BINSR so often?
In this month’s edition of Scott’s Legal Scoops, Assistant CEO and General Counsel Scott Drucker serves up a video on why Arizona REALTORS® should strive for clarity when documenting the list of things that don’t meet the approval of our buyers.
¿Pueden Tus Clientes Leer Esto?
Can your clients read the title of this article? If so, they may be interested to know that Arizona REALTORS® has translated its most often used forms and advisories into Spanish.
July 28, 2020
Economic Pulse Survey – Verbatim Responses
Nearly every aspect of the real estate transaction has been impacted by the coronavirus global pandemic. However, the extent of the changes varies wildly among Arizona REALTORS®.
Want to find out what your colleagues are experiencing?
- How are they dealing with changing client attitudes?
- How has their business changed?
- Are they running into delays?
As promised a few weeks back, we’ve posted a glimpse of the verbal responses to the questions we asked during our COVID-19 Economic Pulse Survey.
We hope the results will shed some light on what members are dealing with around the state. Some of the responses may surprise you! ARIZONA INDUSTRY INSIGHTS
Avoid Using “On or Before” in Contracts
Imagine getting a save-the-date card for a wedding that said the event was to be held “On or Before” a certain date?
That kind of ambiguity might make you late for the champagne toast!
The same kind of uncertainty in a real estate contract can lead to confusion, or much worse…
Refresh your memory on why having “On or Before” written in an offer is a BAD IDEA by reading this column by Assistant General Counsel Nikki Salgat.
Customizing your Agent Dashboard in Transaction Desk
Looking for a quick way to save time? Customize your Dashboard in TransactionDesk. (Now Lone Wolf Transactions)
Customizing the program lets users make their own selections about what they want to see, or set preferences for how information is organized or displayed.
While our Tech Team might not sing Stairway to Heaven to you, their tips will bring about a sense of nirvana in no time.
July 21, 2020
Conviction Disclosure Process
Filing a form with the Department of Real Estate might be the last thing on someone’s mind if they’ve been convicted of a crime. Nonetheless, Arizona’s real estate licensees are required to file ADRE’s Disclosure Document Checklist within a short period of time after a conviction for any misdemeanor or felony.
While no one wants to think about such a situation, this column by Assistant CEO and General Counsel Scott Drucker provides an important roadmap for those who find themselves facing such a requirement.
Implicit Association Tests
Understanding how we perceive others helps us avoid attitudes or stereotypes that negatively affect our actions & decisions unconsciously.
To further raise awareness about hidden biases, a non-profit organization has developed a series of Implicit Association Tests (IAT) in which you will be asked to sort pictures and words into groups as fast as you can.
Each session takes about 10 minutes to complete. At the end, you will receive your IAT results along with information about what it means.
July 14, 2020
Are Standard Commissions a Myth?
Ønce upon a time in a land far, far away, a fair-minded King issued a decree that protects REALTORS® from being thrown in a dungeon for price-fixing. Our very own Royal Counsel and Assistant CEO Scott Drucker’s column reveals the history of real estate commissions and whether or not they exist alongside unicorns and magic wands.
Opposition to Eviction Order
With tenants and property owners facing increasing economic pressure related to the worldwide COVID -19 healthcare crisis, Arizona must do more to improve access to the existing tools to help stave off eviction proceedings.
In advance of Governor Ducey’s executive order related to evictions set to expire on July 22, Arizona REALTORS®, alongside other industry leaders, recently expressed their opposition to recent calls to extend the order.
While property owners continue to work with tenants who find themselves suffering through the pandemic, the state must do more to help them out of this economic crisis.
July 7, 2020
COVID-19 Economic Pulse Survey
Arizona REALTORS® conducted a survey to find out how the COVID-19 pandemic has affected the real estate business. From questions about how the situation has impacted the market to each step of the transaction, we hope the results will shed some light on what your colleagues in the industry are experiencing around the state.
10,000 Pennies For Your Thoughts!
Last month, we asked you what you thought was the most important tip you give to first-time homebuyers and have posted a sample of them on our website.
Lone Wolf Transactions
It’s official—Lone Wolf has rebranded their flagship products, including zipForm Plus/zipTMS to Lone Wolf Transactions (zipForm Edition).
Learn more about why and when the changes are happening here: ow.ly/TyR250ApF8i
June 30, 2020
Overcoming Barriers to Fair Housing
The Fair Housing Act and NAR’s Code of Ethics provide REALTORS® a strict set of guidelines that protect housing rights.
While Arizona REALTORS® knows that the consequences of an ethical or legal lapse in judgement can be costly, understanding how implicit bias can be equally if not more damaging is vital in protecting your business.
Test your knowledge with this Implicit Bias Test and then watch this video from the mind science experts at the
Perception Institute to help ensure you avoid implicit bias in your daily business interactions.
Will Mortgage Forbearance Ruin My Credit?
Earlier this week mortgage professionals reported a slight decrease in the number of Americans who have paused their mortgage payments.
While the numbers seemingly indicate that the real estate sector is rebounding to some degree, the truth is 4.2 million people in the U.S. are still working through forbearance.
One question that keeps coming up is, ‘Should people be worried about their credit as they emerge from forbearance?’
This article from Assistant CEO & General Counsel Scott Drucker details the impact of this financial situation on an individual’s credit score.
June 23, 2020
Are You Adding Confusion to an Addendum?
Drafting accurate and unambiguous contractual addenda ensure the parties involved have a clear understanding of the details and expectations of a real estate transaction.
Are you exposing yourself to potential liability by inadvertently drafting an addendum that is confusing or not as precise as it should be?
10 Quick Tips to Improve Email Engagement
Whether you’ve been an Arizona REALTOR® for weeks, months, years or decades, you’ve likely sent a newsletter or email update to your list of contacts.
If you’re among the lucky ones who get 100% open rates stop reading. For the rest of us, a few tips and reminders may help to incorporate into your next email missive. HERE
2020 Home Ownership Month: A New Era
Helping clients successfully find a place they’ll call home is one of the most rewarding aspects of being a real estate agent.
Have a story you would like to SHARE? Submit your client’s story & we’ll select one to feature on the Home Ownership Matters website.
June 16, 2020
TransactionDesk: Tips, Tricks & Training
Let’s face it. Old school life jackets were less than ideal. Maybe they worked just fine, but we think advancements in technology have resulted in more people enjoying themselves around water.
The same can be said about form providers. Sure, the old form platforms are OK, but the technological advancements within TransactionDesk make it a great choice. Plus, you’ve already paid for it as a part of your Arizona REALTORS® membership.
If you’ve been waiting for the right time to try TransactionDesk, remind yourself of the old adage, ‘There’s no time like the present!’
To help you quickly get up-to-speed on real estate’s leading forms solution, look no further than our dedicated page of TransactionDesk resources.
From live streaming online classes with tested instructors to on-demand pre-recorded webinars, FAQs, and insightful tips and tricks, you’ll be ready in less time than you can say “Iceberg right ahead!”
Understanding Pool Barrier Laws
Because of the number of drownings and near-drownings in Arizona, most of which involve small children, most places around the state have enacted swimming pool barrier laws.
Generally, these laws require that all affected swimming pools (or certain other contained bodies of water) be protected by an enclosure surrounding the pool area, or by another barrier, that meets specific requirements.
“Know Before You Owe”TRID Rule Updates
The Consumer Financial Protection Bureau has just released a number of important updates related to TRID Title Insurance and Total of Payments Disclosures.
The useful updates come on the heals of an April 2020 TRID interpretive rule providing COVID-19 pandemic guidance.
June 9, 2020
Who Enforces Forcible Detainer Actions?
Arizona REALTORS® closely monitor court proceedings for litigation that could result in any change in the way the business of real estate is conducted.
Recently, a Court of Appeals interpretation of state statute related to evictions has changed who enforces forcible detainer actions.
In this article by Assistant General Counsel Nikki Salgat, you’ll learn the details of the case and what property owners now need to know about which judicial jurisdiction they must file eviction documents with.
10,000 Pennies For Your Thoughts?
Sharing your professional experience with clients is one of the most valuable services REALTORS® provide.
Managing expectations and helping people understand a complex financial transaction can help reduce anxiety especially when faced with the twists and turns they’ll face during a stressful time.
This month, we want to HEAR FROM YOU with what you think is the most important tip you give to first-time homeowners.
Your response could win you a $100 gift card to Bed Bath and Beyond (Triple B for those in the know) that you can pass along to a client or even spend it yourself!
Later this month we’ll share the responses and reward a random entry with a shiny $100 BB&B gift card to enjoy!
The Power of the R®
If you’ve been an Arizona REALTOR® for any amount of time, you know that your membership benefits from the National Association of REALTORS® and your state association evolve and adapt frequently. Now more than ever, it’s important that REALTORS® are taking advantage of the package of valuable benefits available to them.
This presentation from award-winning Arizona REALTOR® and resident ROCKSTAR Lisa Paffrath uncovers the tools and resources that are FREE and will help you and your business save money.
June 2, 2020
Finding Peace in Turbulent Times
Arizona REALTORS® are known nationwide for being among the Best Prepared Real Estate Practitioners with the Highest Standards. That’s why so many of our members are asked to share their secrets to success at meetings around the country.
The latest example was former 2017 President Paula Monthofer and her featured presentation during the 2020 National Association of REALTORS® Legislative Meetings. Watch this compelling discussion, where Paula will guide you through techniques and resources to help you stay calm and focused in today’s uncertain environment.
Anticipatory Breach
Assistant CEO & General Counsel Scott Drucker serves up an ice-cold helping of legal analysis in this month’s Legal Scoops.
Can you identify the difference between an expression of doubt and “positive and unequivocal” statement that may result in anticipatory breach?
Relief Hotline Assists AZ REALTORS®
In response to the unique financial challenges to members, Arizona REALTORS® launched the Relief Hotline.
Having proved very successful, and with REALTORS® returning to work stronger than ever, the hotline has been suspended, having accomplished its mission.
May 26, 2020
REALTOR® Value Flyer
Arizona REALTORS® are constantly working to help provide the tools you need to grow your business.
The Professional & Business Development and Business Services & Technology Committees collaborated to create an online tool that can be used by members to articulate the REALTOR® value to the consumer.
The new value proposition flyer, “A REALTORS® Value To You,”
Members can use the Arizona REALTORS® branded version or follow the directions on the page to upload their brokerage logo.
Sine Die 2020
The 54th Arizona House has completed its work for 2020 and due to the efforts of your Legislative & Political Affairs team, Arizona REALTORS® emerged with more clout than ever before.
Government Affairs Director Matt Contorelli gives you the skinny on a turbulent session where the impacts of COVID-19 overwhelmed the end of session.
June 1st Forms Revision Release
What do the H.O.A. Condominium / Planned Community Addendum, BINSR and Counter Offer forms have in common?
Yep, they’ve been revised.
Check out the changes and be among the Best Prepared Real Estate Practitioners with the Highest Standards.
May 19, 2020
President’s Update
In this update from President Roberts, you will find an overview of the resources available to members. From special access to relevant videos and financial assistance to revised forms, flyers, and addendums, this important information will help you and your business emerge stronger than ever.
Purchase Contract MLS Code
Our IT gurus have heard that some members have had an issue with the correct Firm MLS Code populating on the Residential Purchase Contract or a few other forms.
FHFA Delivers Certainty to American Homeowners
With so many families struggling with the financial impact of COVID-19, the Federal Housing Finance Agency has some good news for people currently in forbearance.
May 12, 2020
Legislative Update
Your legislative and government affairs team has been hard at work to minimize the impact of coronavirus on your business and reduce bureaucratic red tape wherever possible.
In this column, Government Affairs Director Matt Contorelli recaps a turbulent session where Arizona REALTORS® and their business interests were successfully represented at the state capitol.
Love Your Neighbor T-Shirt Sale
Russ Lyon Charitable Foundation Partners with Arizona Association of REALTORS® to Sell T-Shirts and Raise Funds to Benefit Arizona Housing Fund.
The sales started Monday, May 4th and runs through Monday, May 18th, 2020. Love Your Neighbor apparel will be produced and shipped after the ordering period ends.
Coronavirus & Fair Housing Pop Quiz
Are individuals who have COVID-19 covered under the disability protections of the federal Fair Housing Act?
Are you obligated to assist, or show or provide housing to someone who has or may have COVID-19?
If you aren’t quite sure about the answers to these questions, or just need a refresher, take a few minutes to review the guidance provided by NAR.
May 5, 2020
Scott’s Legal Scoops
Earlier this year Arizona REALTORS® revised the Residential Resale Purchase Contract to allow seller concessions on any expenditures that are accepted by a buyers lender.
In this edition of Scott’s Legal Scoops, hear from our Assistant CEO and General Counsel Scott Drucker as he recaps why the decision was made and what members can expect moving forward.
Tech Helpline
As COVID-19 continues to cause us to acclimate to working remotely, Arizona REALTORS® have a tremendous benefit at their fingertips with free access to Tech Helpline.
While most members call for immediate assistance with software repair or help desk support, Tech Helpline recently provided tips and best practices on how to participate and hold virtual meetings.
Relief Hotline FAQ’s w/Rick Mack
Arizona REALTORS® created a new FREE member benefit titled the COVID-19 Arizona REALTORS® Relief Hotline.
To help members access information about small business loans or unemployment benefits, we held a ZOOM meeting where Rick Mack shared common questions and discussed issues the hotline has received to date.
April 28, 2020
Compliance with Arizona Blue Sky Laws is Critical
Arizonans enjoy sunny skies nearly 300 days of the year, but are they up to speed on the state’s Blue Sky Laws? These regulations set forth in the Securities Act of Arizona ensure people register with the AZ Corporation Commission and make it unlawful to omit or misrepresent material facts during the course of a transaction involving securities.
This week’s featured article recounts a scheme where someone violated the law by failing to disclose important details of a real estate investment project.
WEBINAR: Condos in Arizona
Need a refresher on the difference between condominiums and other property types? Want to be able to better navigate around incorrect property classifications commonly made by the County Assessor?
Watch this webinar featuring Patrick Ritchie, a Senior GRI instructor as he gives a comprehensive overview and in-depth details involved with condominium transactions sure to benefit you and your clients.
Unemployment for Independent Contractors
The process of accessing unemployment benefits under the recently passed CARES Act has frustrated many Arizona REALTORS®.
While new government programs oftentimes face a bumpy start, many people are understandably confused and discouraged with the process during a time when they face such extreme economic uncertainty.
Building on the recently created COVID-19 Relief Hotline, Assistant General Counsel Nikki Salgat has put together a step-by-step guide to help members apply and receive Pandemic Unemployment Assistance.
April 21, 2020
Preparing Your Clients for Remote Online Notarization Today and Beyond
The onset of coronavirus has fundamentally changed the way Arizona REALTORS® are working through complex real estate transactions. While Remote Online Notarization was signed into law last year, Governor Ducey and Secretary of State Katie Hobbs have fast-tracked its implementation to further protect people from the spread of COVID-19 during this uncertain time.
In this comprehensive and detailed article by Certified Senior Escrow Officer Leslie Banes, you’ll learn everything you need to know about online notarization and how to best prepare your clients.
Scott’s Legal Scoops
Should an agent ever buy the house of a seller they are representing? Arizona REALTORS® Assistant CEO and General Counsel Scott Drucker serves up some tasty advice in the inaugural edition of our new feature, Scott’s Legal Scoops.
COVID-19 Certification for Property Access
Taking advantage of virtual showings during the coronavirus pandemic is a great way to make sure you are keeping yourself and others safe.
With that in mind, Arizona REALTORS® have updated the Model Certification for Property Access to include a reminder about alternative ways to view a home.
April 7, 2020
Info & Resources from REALTORS® for REALTORS®
To help you navigate the (COVID-19) health crisis and its impact on the real estate industry, we’ve developed a webpage that consolidates the latest news and information on the constantly evolving situation.
Model COVID-19 Certification For Property Access
Arizona REALTORS® has developed a document that may help ease their concerns by requiring individuals to agree to certain criteria before entering the property.
Sharing is Caring on TransactionDesk
Sharing documents with your team on TransactionDesk is a simple and efficient way to get things done without the hassle of emailing back and forth. Our tech team outlines the steps you can take to set up the connection.
March 31, 2020
What Does Governor Ducey’s Shelter Order Mean for REALTORS®?
With nearly 100,000 people working in real estate and related industries, it’s essential Arizona REALTORS® understand how governmental decisions are impacting their business.
Governor Ducey has issued numerous Executive Orders to deal with this evolving crisis, most recently the “Stay home, Stay healthy, Stay connected,” policy to limit the spread of COVID-19.
What does this really mean for REALTORS®? Assistant CEO and General Counsel Scott Drucker has an analysis that will help you better understand this latest development.
AZ REALTORS® Ready To Assist Buyers and Sellers, Taking Extra Precautions
From technology, safety precautions and issues related to potential delays, your state association stands ready to help you navigate the heath and economic crisis.
The demand for real estate remains strong and Arizona REALTORS® has compiled information and resources to help you serve your clients and our community.
COVID-19 Causes Suspension of Some Evictions
Arizona Governor Doug Ducey recently issued two Executive Orders dealing with the prohibition of “Essential Services” and the postponement of certain evictions.
In this article, Arizona REALTORS® Assistant General Counsel Nikki Salgat identifies commonly asked questions and answers for tenants, landlords and property managers based on what we know to date.
TransactionDesk Virtual Training
While attending TransactionDesk classes in person is off the table during this period of social distancing, you can still enjoy virtual classes from the comforts of home.
Take a few minutes and watch recorded webinars on Authentisign and TransactionDesk without ever changing out of your favorite sweats and 80s concert tee shirt you’ve got on.
March 3, 2020
Wells 101
With more than 120K Arizonans getting their water from a private well, are you prepared to talk with your clients about the procedures, rules, regulations, and forms that will be a part of their transaction?
WATCH WEBINAR
BONUS INFO: GUIDE FOR OPERATING SHARED WATER WELLS IN AZ
Preformed Pixels
For Arizona REALTORS®, creating Templates in TransactionDesk can reduce the time it takes to complete required documents as well as ensure accurate information is on their forms.
Our TDESK TEAM has a quick step-by-step primer on how to create these templates so you can start adding minutes to your day.
¿Pueden Tus Clientes Leer Esto?
Can your clients read the title of this article? If so, they may be interested to know that Arizona REALTORS® has translated its most often used forms and advisories into Spanish.
February 25, 2020
Mary Lee Greason Award
During last week’s Professional Standards Workshop, Arizona REALTORS® took the time to recognize a member with the Mary Lee Greason Excellence in Professional Standards Award. The honor is bestowed upon someone who has exhibited a passion for professional standards through exceptional service, commitment, preparation, and leadership.
Arizona’s Youngest REALTOR®
All of us remember the ??? ?? ???? that got us into the industry. While some people came into real estate later in life, some figured it out much earlier. While we were more interested in the latest Journey record or Star Wars movie, we recently became aware of a young man who became a REALTOR® while still in High School late last year and we had to meet him.
Counting Arizona
We all know that the number of people living here grows each day. Whether it’s one of Arizona’s 5 C’s, (Climate, Citrus, Cattle, Cotton or Copper) or something else, we need to have the resources and infrastructure in place when the next million people move to the Grand Canyon State.
That’s why it’s so important we get an accurate count of the people who already live here. In just a few weeks the U.S. Census Bureau will begin the process and Arizona REALTORS® can help make sure our communities get back what they pay in via their annual tax bill. In this short video, Sindy Ready, the 2020 Scottsdale Area Association of REALTORS® President reveals how you can get involved, and make a little $$$ while doing it!
February 18, 2020
Presidential Preference Election
Today is the deadline for people to register to vote in Arizona’s March 17th Presidential Preference Election.
This year, the Democratic Party is the only political party holding a Presidential Preference Election. To participate, a voter must be registered as a Democrat by 11:59 p.m. tonight. You can register HERE, or visit our webpage for more information on upcoming elections, candidates and how to participate in the rest of Arizona’s elections in 2020.
Digital Document Depot
One of the many features available in TransactionDesk is unlimited storage. This week, our TDESK experts walk you through the steps to save your documents in DocBox.
Silver Tsunami Causing Homelessness?
According to a recent study released by the Maricopa Association of Governments, the number of unsheltered homeless has jumped a staggering 200% over the last six years.
As the cost of housing continues to increase, it’s becoming more important to find solutions for Arizona’s most vulnerable people. While there may not be an easy solution, Arizona REALTORS® are partnering with the Arizona Community Foundation to build a dedicated funding source for nonprofit agencies that build and operate permanent supportive, low-income and working poor housing units.
February 4, 2020
Problem: Homelessness /// Solution: AZ Housing Fund
With more than 10K individuals looking for housing, the growing number of homeless living in Arizona is nearing crisis levels.
While there isn’t an easy solution to completely solve the problem, one organization has developed a mechanism where people can help reduce homelessness. Combined with the Arizona REALTORS® supported ESCROW DONATION PROGRAM, better days lie ahead for low income and the working poor.
New Guidance for Assistance Animals
Housing providers are often faced with tenant requests for assistance animals. While accommodating some requirements can be fairly straight forward, others can be more difficult.
To help people understand the complex regulations of the Fair Housing Act, specifically the rules related to assistance animals, the Department of Housing and Urban Development recently issued formal guidance to help clarify many of the issues that have come up during these conversations with tenants with disabilities.
In this article, Arizona REALTORS® Assistant General Counsel Nikki Salgat provides an in-depth analysis of the significant clarifications and discusses the best practices outlined in the official notification.
Accessing Accessibility
Some of our clients face unique challenges when looking for a home that meets their accessibility requirements.
In this special column, the founder of AbleUSA reveals how Arizona REALTORS® can best help seniors or others with special needs through the process and find a place they are comfortable calling home.
January 28, 2020
Blight to Beauty
REALTORS® know better than most how important a vibrant, welcoming community can be. Not only is it important to our clients, but it’s also a point of pride for those who already live there.
However, we all come across so-called “eyesores” that we would like to see transformed into something that makes the neighborhood an even better place to live.
Did you know that NAR has grants to do just that?
REAL ESTATE & REAL ID
In just over 250 days, the Driver License most of us have will no longer be accepted to fly or enter federal buildings. However, does the REAL ID ACT have any impact on REALTORS? What about our mortgage partners who have to verify identity?
Just recently, an Escrow Officer in Arizona ran into an out-of-state ID that had “Not for REAL ID Purposes” written on it. Is this ID acceptable? What should she do?
TransactionDesk® Tips & Fab Features
The reviews are in! As more and more Arizona REALTORS® begin to use TransactionDesk®, most are finding it to be a better forms platform.
Since its implementation, nearly 10,000 users have completed 50K transactions.
January 21, 2020
REALTOR® Day at the Capitol
Less than 24 hours into the 54th legislative session, Arizona REALTORS® met with state leaders to express their concerns and advocate for the industry.
New CPOA Addendum
As the number of commercial properties governed by an association similar to an HOA has grown, it became clear that Arizona needed a form that formally discloses fees that become payable upon close of escrow.
Recently, a dedicated group of individuals set out to create the Commercial Property Owner’s Association Addendum.
Professional Standards Workshop
When can a seller compel arbitration? Who can file an ethics complaint? Who actually has the right to due process? If you need a refresher on Professional Standards, we’ve got an important workshop coming up!
January 14, 2020
Residential Purchase Contract to be Revised
Arizona REALTORS® will soon an updated Residential Purchase Contract with three important revisions.
- Solar Lease / Solar Loan Assumption Addendum
- Smart Home Devices
- Seller Concessions
New App Lets You Personalize and Share Social Media Content
Did you know that a new app provides you with a powerful tool to easily access, personalize and leverage “That’s Who We R” campaign assets across social marketing channels? It’s true and takes only a few minutes to set up. Don’t believe us? Listen to Shane Cook from South East Valley Living talk about the technology.
Adding Forms to Transactions
This week’s hot tip is all about adding standalone forms in TransactionDesk. Our experts lay it out in five easy steps
January 7, 2020
Buyer Contingency Addendum
Arizona REALTORS® have dozens of forms that make complex financial transactions manageable. While each form itself is valuable, special attention should be paid to the Buyer Contingency Addendum.
In this Contract Conversation, our Assistant CEO and General Counsel Scott Drucker and Stephen Gomez of Real Living Properties For You discuss the form and reveal several areas where REALTORS® need to be extra careful.
zipForm Benefit Transition
With access to MLS Connect and zipForm Mobile set to expire during the second week of January, Arizona REALTORS® are making their final decisions whether to purchase these zipForm add-ons or utilize the TransactionDesk platform which offers comparable services at no cost.
2019
December 31, 2019
High Performance Brands
Are you choosing the best elements to reinforce your brand?
Laura Monroe, one of the nation’s leading brand management consultants, reveals how we can better attract and retain clients with a sustained commitment to build our personal brand.
Profile Perfection
Is one of your New Year’s resolutions to make sure your information is accurate in TransactionDesk but unsure how to make the changes? Fear not! Our experts can make sure that this is one resolution you can keep!
LEGAL HOTLINE
An Agent Should Not Represent A Family Member In A Dual Agent Transaction
Listing Broker Can Show Offers to Competing Buyers
December 24, 2019
Phishing Scams: What To Do
We’re all getting better at spotting an obvious phishing attempt from a so-called Prince asking for $100,000 and our social security number. However, today’s cyber criminals come up with far more sophisticated ways to try and steal our identities, access confidential documents or even hold our information hostage.
With all of these fraudulent emails and scams circulating the internet, what should REALTORS® do when they catch a phishing scam?
Cutest Companion Contest
We debate a lot of “important” things at Arizona REALTORS®. While arguments about whether hot dogs are a sandwich and if cereal is really a soup get heated, nothing stirs up more controversy than the discussion about the annual Cutest Companion Contest.
Arizona REALTORS® forms
Arizona REALTORS® have licensing agreements with the industry’s leading transaction management companies.
These partnerships help members access state association forms, local REALTOR® association forms, and multiple listing service forms via their respective platforms.
LEGAL HOTLINE
T/F Can a landlord limit occupancy to two persons per bedroom without violating Fair Housing Laws?
T/F Must real estate licensee comply with Fair Housing Act even with personal residence?
December 10, 2019
NAR Three Pillars
With less than twelve months to next year’s elections, the REALTOR® Party recently reaffirmed its commitment to protecting homeownership, private property rights, and strengthening communities.
Never Underestimate Your REALTOR Role
Special guest column from one of the 100 Most Influential Real Estate Leaders in America.
Customizing your Emails on TransactionDesk
We all know how important it is for us to brand our promotional materials. Did you know that it’s easy to include a signature and logo to your emails as well?
LEGAL HOTLINE
T/F A Registered Sex Offender is not a Member of a Protected Class Protected by the Fair Housing Laws
T/F Buyer Should Receive Return of Earnest Money when Property doesn’t Appraise for the Purchase Price
December 10, 2019
2020 Code of Ethics Changes
To keep up with a continuously evolving industry, NAR routinely makes changes to these standards, and this year we’ve got several. Click the link for our report on the updates. After all, Arizona REALTORS® seek to be the “Best Prepared Real Estate Practitioners with the Highest Standards!
Cooperation and Courtesy
In this special column from the Wisconsin REALTORS® Association, Debbi Conrad writes that licensees are best served when they perform their duties with civility, candor, diligence, respect, courtesy, cooperation, and competence.
Create a Clause on TransactionDesk
Clauses save you time by storing the phrases or wording you commonly use for transactions. With this feature, you can create general clauses that can be reused in multiple forms.
LEGAL HOTLINE
- Residential Resale Contract does not Require a Lender Fill out the Loan Status Update
- The Presence of Four Ticks on the Ground of a Four Acre Rural Property Probably does not Provide a Basis for the Tenant to Cancel the Lease
December 3, 2019
Mack in a Minute
Earlier this year, the legislature made it easier for out-of-state REALTORS® to transfer their license here, but there are specific qualifications people must meet before they become an Arizona REALTOR®. In these short videos, Rick Mack clears up some common misconceptions and sheds some light on the process.
¿Pueden Tus Clientes Leer Esto?
Can your clients read the title of this article? If so, they may be interested to know that Arizona REALTORS® has translated its most often used forms and advisories into Spanish.
Formula for Legislative Success 31+16+1=?
These numbers, (31 votes in the House, 16 in the Senate plus 1 from the Governor) add up to the ability to pass new laws or block bills from ever emerging from the statehouse. But getting the results REALTORS® need from lawmakers isn’t possible without our members occasionally flexing their muscles at the capitol.
Mark your calendars, because we’ve set the date for our annual visit with state legislators.
LEGAL HOTLINE
T/F Landlord Must Provide Two Days’ Notice to Access the Residential Property for Showings
T/F The Arizona REALTOR® Form Library does not Contain an Agreement For Sale
November 26, 2019
2019 NAR Conference
Miss this year’s National Association of REALTORS® Conference & Expo in San Francisco? Don’t despair, we’ve got the highlights!
Using Markups in Authentisign
Authentisign has a great feature that allows you to add text to a document that needs to be signed by your clients.
Realtors® & Red Kettles
For 154 years the Salvation Army has provided assistance to those in need. From homeless shelters and senior housing, to helping families during natural disasters, the Army is there when people need it most.
November 19, 2019
- Arizona Housing Fund
Homelessness can impact anyone. In this short video, Howard Epstein talks about the causes of homelessness and how REALTORS® can get involved with the Arizona Housing Fund. This unique program distributes grants to nonprofit agencies with a proven track record of building and operating permanent, supportive or low-income housing units. - WOW Moments
RPR recently launched a campaign to raise awareness of the powerful program and how impactful it can be. Have you experienced a “WOW” moment when using RPR? Please share! CLICK HERE, or share to social media using the #RPRwow hashtag. - Scholarship Contest
Are you an experienced REALTOR® looking for a way to set yourself apart from your competition? Earning your Graduate, REALTOR® Institute (GRI) designation tells prospective clients that you understand the business better than most. - Legal Hotline
A Nearby Nudist Colony is a Material Fact Which Must be Disclosed
Generally, a Seller May Close Escrow While Incarcerated
November 12, 2019
- AZ ⚡ DC
Ordinary people are oftentimes thunderstruck by the laws that come out of our nation’s capital. We know it’s a long way to the top, but for those about to rock, we’ve got an update from Washington on the issues and concerns that impact Arizona REALTORS®. - WCR UPDATE
Among the many notable speakers during last month’s Leadership Conference, those in attendance got an update from the Women’s Council of REALTORS®. - Save the Date
The annual Arizona REALTORS® Convention (March 24-26, 2020) is the place to be when you’re looking for opportunities to learn, stay tuned-in to best business practices and network. - Legal Hotline
Out-of-State Broker Must Hold Active License to Receive ReferralInactive Licensee Required to Disclose Status in Advertising
November 5, 2019
- Mack in a Minute
In this month’s Mack in a Minute, Rick Mack reminds us that agents are NOT a party to the contract. Take the next 60 seconds to learn how to avoid ugly consequences. - Arizona Housing Fund
To help address the problem of homelessness in Arizona, the Board of Directors approved an initiative to join with the Arizona Community Foundation to promote the Arizona Housing Fund. In this short video, Howard Epstein talks about the program and how REALTORS® can get involved. - Broker Tools
TransactionDesk is loaded with tools to manage your documents and transactions. One feature of the program allows Brokers to assign a Superuser who will be able to manage, review and keep track of Agents’ files. - Legal Hotline
Fix and Flip Investors Must Disclose Licensed ContractorsRepairs Costing More Than $1,000 Must Be Done By A Licensed Contractor
October 29, 2019
- Contract Law 101
A recent court decision by Arizona’s Court of Appeals has REALTORS® talking about Anticipatory Breach. This week General Counsel and Assistant CEO Scott Drucker educates us on the ins and outs of a complex issue. - Is it time to update or replace your computer?
While it seems like most technology is out-of-date the moment we take it out of the box, our friends at TechHelpline can help us understand when its time to update our technology. - Annual Reports
Each year Arizona REALTORS® Committee Chairs give an overview of the activities and accomplishments of their respective committees at the annual Leadership Conference.
Risk ManagementLegislative & Political AffairsProfessional & Business DevelopmentBusiness & Technology
October 22, 2019
- Seeing Clearly Together
Stories of leadership, community service and professional development renewed a sense of pride among those who attended the Arizona REALTORS® annual Leadership Conference last week. From the installation of the 2020 executive team to inspirational messages from world renowned guest speakers, attendees left the conference motivated to become the G.O.A.T in 2020. - That’s Who We R
Each year, Arizona REALTORS® have countless opportunities to celebrate the special efforts of its members. From community improvement projects to serving in professional leadership roles at the state, local and federal level, the state association is proud to recognize those making a difference in their community and their profession. During this year’s Leadership Conference, President D. Patrick Lewis presented several awards to acknowledge and honor the accomplishments of deserving Arizona REALTORS®. - TransactionDesk App for the iPhone and iPad
You can use the app to start and manage all of your listing, sale and lease transactions as well as utilize automated checklists to track action items making sure transactions are completed on time, every time. - Legal Hotline
The Buyer May Not Cancel the Contract Based on a Stolen Car
Buyer Can Generally Assign Contract Rights
October 15, 2019
Court Examines AZ REALTORS® Purchase Contract
With roughly 70 transactional documents available for use by our members, sometimes Arizona REALTORS forms are subject to judicial interpretation as a part of litigation between buyers and sellers. In one recent lawsuit, the Purchase Contract became the center of a dispute where the seller accused the buyer of breach of contract related to the Additional Terms section of the Contract. Was the form clear? Did the court enforce its terms as the Association envisioned when it was created?
Scholarship Contest
Are you an experienced REALTOR® looking for a way to set yourself apart from your competition? Earning your Graduate, REALTOR® Institute (GRI) designation tells prospective clients that you understand the business better than most. While nothing in life is free, we’re running a contest where GRI could be FREE for a few lucky Arizona REALTORS®.
Webinars, Classes and Vids, Oh My!
With so little time in the day, finding time for an in-person class or live webinar can be nearly impossible. To make things easier we’ve created a number of short videos that will get you up to speed on the essential tools you’ll find within the program.
October 8, 2019
TransactionDesk, Broker Tools & Superusers
TransactionDesk is loaded with tools to manage your documents and transactions. One feature of the program allows Brokers to assign a Superuser who will be able to manage, review and keep track of Agents’ files.
HOW TORAPAC RAFFLE
How about a Sonos Beam Soundbar for your TV or a Dyson Supersonic Hair Dryer for twenty bucks? Perhaps a Google Nest Hub at nearly 90% off? For less than the cost of a sign rider, you could win one of these amazing prizes we’re raffling off at the Leadership Conference AND support RAPAC at the same time!
Leadership Conference
Join 2020 Arizona REALTORS® President Mary Roberts on October 16-18, 2019 for the Leadership Conference. This conference is designed to provide training, share input, celebrate our 2019 accomplishments and welcome our 2020 leadership team.
LEGAL HOTLINE
T/F Listing Agreements Belong to the Brokerage, Not the Agent
T/F Parties Are Not Obligated to Use the Standard Arizona REALTORS® Purchase Contract
October 1, 2019
Rookie Resources
To help new Arizona REALTORS® get off to a good start, we’ve posted a tremendous amount of resources for Real Estate Rookies on our website. From information about required forms and showing homes, our Smart Start Video Series features experienced REALTORS® sharing their advice and guidance.
Add a time stamp using Authentisign
Want to add a time stamp on TransactionDesk using AuthentiSign? The right click menu option allows you to do so quite easily.
Unexpected Guest
While REALTOR® SAFETY MONTH officially ended yesterday, keeping ourselves safe is a year-round responsibility. To wrap up the annual awareness campaign, Arizona REALTORS® President D. Patrick Lewis shares a frightening situation he experienced while showing a house.
LEGAL HOTLINE
T/F The Buyer is Not Obligated to Sign the Seller Property Disclosure Statement
T/F Listing Agent Must Disclose Co-broke Offering to Seller
September 24, 2019
Having Trouble Logging into TransactionDesk or SSO?
Some members using Google Chrome as their web browser are reporting a login problem when trying to access TransactionDesk through Single Sign-On. To access your account, remove the password and re-enter it manually.
Realtor®Safety Month
According to a recent study, more than half of real estate licencees nationwide have felt unsafe at some point within the last year. This disturbing trend has many REALTORS® taking proactive steps reducing their exposure to risky or dangerous situations they can often find themselves in.
October 1st Forms Revision ReleaseOn October 1, 2019, the following forms will be revised and released via all Arizona REALTORS® forms provider platforms.
Legal Hotline
T/F A Landlord May Treat A Residential Rental as Abandoned Under Certain Circumstances
T/F Landlord Must Hold Tenant’s Abandoned Personal Property for 14 Days
September 17, 2019
Realtor Caucus Recap
Last week, 200 Arizona REALTORS® gathered in Phoenix to discuss the issues affecting the real estate industry during the 2019 REALTOR® Caucus. Attendees to this year’s event heard from national and state political leaders and provided recommendations for legislative or regulatory action next year.
Authentisign Enhancements
Lone Wolf has made a number of enhancements to Authentisign including improvements to the checklist and the document approval process. As you get up to speed, visit our dedicated TransactionDesk® page for a list of tips and tricks, as well as ongoing improvement projects.
Agent Safety Alert ProgramWe all take steps to protect ourselves from dangerous situations with clients. But when things go wrong, the REALTOR® community needs to be aware of the problem. That’s why Arizona REALTORS® created a program to alert members of critical safety issues. Watch Region 5 Vice President Eric Gibbs talk about the program and what you need to do to protect yourself.
LEGAL HOTLINE
Advertising Must Identify The Brokerage Involved
Check Do-Not-Call Registry Before Calling FSBO
September 10, 2019
Shape your future
Every 10 years, the United States Census Bureau undertakes a mammoth task of counting all the people residing in the United States. This count affects the allocation of funding for our community’s public resources (e.g., roads, hospitals, schools), how we plan for the future, and our voice in government. Learn more about the importance of the 2020 Census and how to participate.
The Down Low w/ Judy Lowe
In the final episode of the Down Low w/Judy Lowe, Arizona REALTORS® President D. Patrick Lewis asks the ADRE Commissioner what is making the phones ring at the Department of Real Estate. You might be surprised at the answer.
Financial Wellness Check-UpAfter a long period of economic growth, there is speculation that a downturn is not far off. While many large-scale businesses can absorb a slump in the economy, most small businesses must be proactive to protect their assets and prepare for any bumps in the road.
LEGAL HOTLINE
T/F Cure Notice Sent Via Text Message Is Improper
T/F Cure Notice Must be Delivered to Buyer Through Agent
September 3, 2019
Asked and Answered
Arizona REALTORS® strive to provide useful programs and services while working to protect REALTORS® interests at the state, local and federal level. To ensure the continued alignment with that mission, we periodically send out a survey to the membership for feedback and guidance as we continue to develop short and long-term plans to improve the organization.
What Reciprocity REALLY Means
Arizona’s reciprocity law now allows out-of-state REALTORS® to practice in the Grand Canyon Sate. The change has caused more than a few Arizona REALTORS® to scratch their heads in confusion.
Authentisign LayoutsDid you know that you can save custom signature layouts when uploading your own documents in Authentisign? In this article from our Business Services Support Team, we walk you through the steps to create and save your custom signature layouts.
LEGAL HOTLINE
T/F A Counteroffer is Deemed to be a Rejection of the Original Offer
T/F Licensed Contractor Required for Repairs That Are Not of a Casual or Minor Nature
August 27, 2019
Cute Pet Could Win You $500
Want to dazzle your REALTOR® peers with some puppy dog eyes? Awe them with the majesty of your feline friend? Perhaps earn some good karma with your chameleon? We’ve launched the The Cutest Companion contest and entries are just $15 to submit the cutest photo of your pet.
New Law to Ensure Mortgage Lending to Vets
ICYMI: We have a new law on the books that adjusted the seasoning requirements for a VA loan. The bill, sponsored by U.S. Senator Kyrsten Sinema fixes a technical error and allows veterans to save money and avoid falling prey to predatory lenders
New Disclosures Required on Affidavit of Disclosure
Starting today, the state requires additional disclosures on the Affidavit of Disclosure. The new requirements relate to water rights and solar energy devices.
LEGAL HOTLINE
- Bed Bugs Are Gross
- The Seller Must Provide An Affidavit Of Disclosure WhenThe Property Is Not Subdivided In An Unincorporated Area
August 20, 2019
Wire Fraud Advisory Updated
To address concerns related to the Wire Fraud Advisory, Arizona REALTORS® have revised the document to clear up any appearance of an agency relationship with an unrepresented party.
The Down Low w/ Judy Lowe
Arizona REALTORS® President D. Patrick Lewis continues his series of conversations with ADRE Commissioner Judy Lowe. This week we’re covering their discussions on Teams and this year’s “Occupational Licensing; Reciprocity” bill passed into law by lawmakers.
➡️ TEAMS
➡️ RECIPROCITY
TransactionDesk® Tips & Fab Features
The reviews are in! As more and more Arizona REALTORS® begin to use TransactionDesk® , most are finding it to be a better forms platform. But don’t just take our word for it. This week we asked Susan Nicolson of Sun Cactus Realty to give us her review of the program and offer a few tips, tricks and thoughts on how to best get started.
LEGAL HOTLINE
Brokerage Firm Cannot Pay a Referral Fee to a Non-Licensee
An Unsigned Email from an Agent is Not an Offer
August 13, 2019
The Down Low w/Judy Lowe
Arizona Department of Real Estate Commissioner Judy Lowe and Arizona REALTORS® President D. Patrick Lewis discuss the complaint process and how the agency works through them.
Arizona REALTORS® Gather for Major Investor Event
While Arizona REALTORS® enjoyed another year of legislative success, a group of real estate pros gathered outside Tucson to celebrate and gear up for another year of work to protect the interests of those working in the industry.
60 Second Real Estate Sound Bite
Pre and Post Possession agreements may seem simple on the surface, but they’re a snake’s nest of potential litigation. This month Rick Mack speaks clearly on how you should go about creating these agreements and spells out the risks associated with them.
LEGAL HOTLINE
T/F Seller Must Disclose Potential Adverse Claim to Prospective Buyers
T/F An Arizona REALTORS® Buyer Broker Exclusive Employment Agreement May be Enforced Against Buyer if Listing Agent Refuses to Pay a Commission Split
August 6, 2019
Plenty of ways to access Arizona REALTORS® forms
The Arizona REALTORS® has licensing agreements with the industry’s leading transaction management companies. These partnerships help members access state association forms, local REALTOR® association forms, and multiple listing service forms via their respective platforms.
What’s True regarding TransactionDesk?
Former politician and diplomat, Daniel Patrick Moynihan, once said “Everyone is entitled to his own opinion, but not to his own facts.” However, with the advent of social media, the line between fact and opinion seems to blur. This trend can prove perilous as it leads to misinformation. So, let’s separate fact from fiction and debunk some of the myths regarding TransactionDesk.
Trouble with uploading documents in eSign?
Some users have found that eSign “times out” when attempting to upload documents larger than 1MB. While eSign is working on upgrading the PDF processor which will solve this issue, we have developed a workaround.
LEGAL HOTLINE
T/F Seller May Not Unilaterally Change Time Frames in the Residential BINSR
T/F Listing Agent Must Disclose that Solar Panels are Leased, Not Owned
July 30, 2019
REALTOR® Caucus To Set 2020 Legislative Agenda
This September, Arizona’s REALTORS® will gather in Phoenix to provide input on current issues that affect the real estate industry during the 2019 REALTOR Caucus. The Caucus serves as an opportunity to discuss recommendations for possible legislative or regulatory actions for the upcoming legislative session.
The Down Lowe w/Judy Lowe
In the first of five videos, Arizona REALTORS® President D. Patrick Lewis talks with Department of Real Estate Commissioner Judy Lowe. In the first installment, they talk about this year’s new law passed by the legislature to allow the use of Arizona REALTORS® nicknames on marketing materials.
GEN Z: ARE REALTORS READY?
Ahhh millennials. The generation seemingly known for avocado toast, selfies and participation awards. Joking aside, it seems like we know all we need (or want) to know about this trend-setting generation. But what do we know about Generation Z? What can Arizona REALTORS® expect from nearly 26% of the U.S. population? They’re more than just emojis, YouTube and Doritos. How are they different from Gen Y? From floppy disks to flip phones, lets take a quick look at the next generation of potential homebuyers.
LEGAL HOTLINE
T/F Out of State Agent May Not Represent a Party in an Arizona Real Estate Transaction
T/F Out of State Broker May Not List Property For Sale
July 23, 2019
Nightmare Scenario
Imagine. Three years after buying your dream home, a bank you’ve never heard of tells you they’ve ordered the sale of your house because the previous owner defaulted on a $5.2 million business loan they took out a decade ago. That’s just what happened a few years ago when unsuspecting homeowners ended up in court fighting against the forced sale of their home.
What would the courts decide? Would they side with the bank? rule that Arizona’s homestead exemption laws protect the new homeowners?
TransactionDesk Update
More than 10,000 Arizona REALTORS®have begun using TransactionDesk. With 235,000 unique transactions already logged, we’re off to a good start.
To help users navigate the program, we’ve started to gather the best tips and tricks working within real estate’s leading transaction management system.
AZ REALTORS® enjoy Tech Helpline
Tech Helpline’s friendly, expert computer analysts are U.S. based and comprise a team of the most highly qualified technical support professionals in the tech support industry.
LEGAL HOTLINE
T/F Listing Agent and Seller are not Required to Disclose Sex Offender in the Area
T/F Licensee Must Disclose Status In Real Estate Transaction
July 16, 2019
- Do-Not-Call Registry FAQ
Because many REALTORS® engage in the business practice of “cold-calling” prospects, theArizona REALTORS® has received questions from members seeking to comply with the law. Click to check out a collection of some of the most popular questions that have been posed. - How to Structure Broker Relationship with Agents and Staff
To comply with ADRE rules and maintain agents’ independent contractor status, a broker must supervise and control where required, but stop there. - ADOH Sets New Income Limits
The Arizona Department of Housing has announced new income and rent limits that affect programs like HOME, HTF, CDGB and several more. - Legal Hotline
T/F Listing Agent and Seller are not Required to Disclose Sex Offender in the Area
T/F Licensee Must Disclose Status In Real Estate Transaction
July 9, 2019
- Password Platform
Your Arizona REALTORS® membership offers an alternative to remembering multiple usernames and passwords via the Single Sign-On (SSO) Dashboard. Using the dashboard means you only need to remember ONE PASSWORD to log-in to multiple applications, including Transaction Desk, zipForm, and eSign. - Community Outreach Awards
Once a year, Arizona REALTORS® honors one REALTOR® and one REALTOR® Association/MLS for improving the world around them through community service. To be considered for the award, the nominee must have addressed a challenge facing their community; developed partnerships with community stakeholders; or involved the public in a project or discussion to improve the community. - TransactionDesk® Transition
As more and more members begin to utilize the industry’s leading transaction management system, our experts are ready to help you navigate the program. Send your questions or concerns with the new platform to td@aaronline.comand the team will get you up speed on our forms provider. - Legal Hotline
T/F Landlord’s Remedies Limited Under the Servicemembers Civil Relief Act (SCRA)
T/F Disposition of Earnest Money When Seller Deprives Buyer of Ability to Obtain Financing
July 2, 2019
- Eminent Domain and the Takings Clause of the Fifth Amendment
Remember when Arizona homeowners were faced with the state’s use of its eminent domain power to expand the Loop 202 (a.k.a. South Mountain Freeway) in 2015? With Arizona’s growing population and the need for more and updated modes of transportation, along with infrastructure, the state’s eminent domain power will likely continue to be utilized in the future. - Victory for Subsidized Housing Vouchers in Arizona
In September 2018, the subsidized housing community in Arizona began to experience an exodus of landlord participation in housing voucher assistance programs following an appellate ruling that called into question a landlord’s ability to enforce some provisions of the lease and Housing Assistance Provider (HAP) Agreement.
- Earnest Money Language in Contract
More frequently, agents are writing phrases into the Purchase Contract about earnest money being nonrefundable after the inspection period. Learn what attorney Rick Mack has to say about the problems you might be creating for yourself when you use this wording. - Legal Hotline
T/F Agent Can Pursue a Commission Claim Without Broker’s Consent
T/F Licensees Are Required to Mediate Pursuant to Arizona REALTORS® Residential Contract
June 25, 2019
- Risky Relationships
Our business relationships are extremely important to us. From home inspectors to lenders and contractors we routinely interact with people who we’ve come to trust and enjoy working with. - Arizona School Report Cards
Because of the number of drownings and near-drownings in Arizona, most of which involve small children, most places around the state have enacted swimming pool barrier laws. Generally, these laws require that all affected swimming pools (or certain other contained bodies of water) be protected by an enclosure surrounding the pool area, or by another barrier, that meets specific requirements.
- Commercial Listing Platforms
Have you ever tried going into Arizona REALTORS® eSign through Single Sign-On and received an error message? There are two reasons why you might be getting the error message. - Legal Hotline
T/F Agent Obligated to Advise Parties of Potential Consequences of a Creative Financing Agreement
T/F Tenant has 60 Days to Dispute the Disposition of Security Deposit
June 18, 2019
- Association Health Plan in the works for Arizona REALTORS®
Healthcare premiums are not cheap. REALTORS® as sole proprietors/self-employed small businesses understand this all too well. To assist with alleviating the burden of this cost and finding more suitable healthcare, Arizona REALTORS® is working towards a solution – an Association Health Plan. - Understanding pool barrier laws
Because of the number of drownings and near-drownings in Arizona, most of which involve small children, most places around the state have enacted swimming pool barrier laws. Generally, these laws require that all affected swimming pools (or certain other contained bodies of water) be protected by an enclosure surrounding the pool area, or by another barrier, that meets specific requirements. - eSign error via Single Sign-On?
Have you ever tried going into Arizona REALTORS® eSign through Single Sign-On and received an error message? There are two reasons why you might be getting the error message. - Legal Hotline
T/F Property Manager May Place Animals Left in an Abandoned Property With a Shelter
T/F There is No Species Requirement for Service Animals
June 11, 2019
- 2019 Legislative Summary
This year, the ARIZONA REALTORS® protected our membership from extreme government overreach, which would have required DNA samples from real estate licensees. We successfully passed common sense legislation to allow a real estate licensee to utilize the name they are known by for purposes of advertising. And we stood our ground and came to a consensus with the Central Arizona Homebuilders Association to ensure homeowners’ protections in a construction defect lawsuit. - New Professional Standards Award
Arizona REALTORS® is proud to announce the formation of a new award that will recognize a past or current Arizona REALTORS® Professional Standards Committee member who exhibits a passion for professional standards through exceptional service, commitment, preparation, and leadership. - Ombudsmen Advice; How to Avoid a Consumer Complaint
At the Arizona REALTORS®, members volunteer to serve as trained ombudsmen, acting as an intermediary charged with communicating the concerns of one party to the other over the phone in an effort to restore a positive relationship. Based on the unique insight ombudsmen obtain, see what they think are the best ways for REALTORS® to avoid a consumer complaint. - Legal Hotline
Eviction Procedure After the Death of the Tenant
Second Mortgage Loan Will Rarely Foreclose
June 4, 2019
- Broker Involvement Program Recruitment Phone BankNAR Legislative Meeting Recap
Volunteers and staff met at the Tucson Association of REALTORS® offices and held a highly successful Broker Involvement Program recruitment phone bank recently. - ¿Pueden Tus Clientes Leer Esto?
Can your clients read the title of this article? If so, they may be interested to know that Arizona REALTORS® has translated its most often used forms and advisories into Spanish. - Tenants in Possession
When your clients buy a home with a tenant in place, can they immediately evict the tenant and move right into their new home? Can they raise the rent and ask for an additional security deposit? Do you know what new owners can and can’t do? Learn what the law says from attorney Rick Mack in June’s Mack in a Minute video.
May 28, 2019
- NAR Legislative Meeting RecapEach year, thousands of REALTORS® from across the country converge on our nation’s Capital for the annual REALTORS® Legislative Meetings and Trade Expo. Amongst the thousands of individuals that attend, a select few are chosen to directly represent our Arizona membership before our members of Congress.
- Arizona REALTORS® inducted into the RPAC Hall of FameREALTORS® across the country celebrated the 50th anniversary of the REALTORS® Political Action Committee this year. Since 1969, RPAC has promoted the election of pro-REALTOR® candidates across the United States. Voluntary contributions from REALTORS® help to elect candidates who understand and support the interests of the real estate industry. Among those investors, there are a select few who join the ranks of others in becoming a National Association of REALTORS® RPAC Hall of Fame member.
- 2019 Legislative Session Wrap UpIn the early hours of May 28, 2019, the 54th, 1st Regular Arizona State Legislative Session adjourned Sine Die after 135 days of session. This legislative session, a total of 1,318 bills were introduced and 331 were passed by the legislature. As of May 28, 2019, 256 of those bills were signed by the governor, seven were vetoed and 68 bills await action. The governor now has ten days to either sign into law, allow for the bills to become law without his signature or veto the remaining bills on his desk. All legislation unless otherwise specified will become effective on August 27, 2019.
- Legal Hotline
T/F Arizona REALTORS® Forms Are For Member Use Only
T/FGuardianship May Be Needed if Seller is Incapacitated
May 21, 2019
- Independent contractor or employee? How to ensure your agents and assistants are properly classified.
The best way to stay out of court is to understand the law at the outset — when organizing your business and hiring agents and employees. You will sleep well and know that you have minimized the risk or a lawsuit or government audit. - New Arizona REALTORS® Form
On June 1, Arizona REALTORS® will release a new form titled Notice / Disclosure. A copy of the new form that has been approved by both the Risk Management Committee and Executive Committee can be found HERE. In conjunction with your review of the Notice / Disclosure form, Arizona REALTORS® has prepared the below list of frequently asked questions (FAQs), along with answers and pertinent analysis. Please be sure to review these FAQs to better understand the new form. - June 1st Forms Revision Release
In addition to the June 1st release of Arizona REALTORS® new Notice / Disclosure form are revisions to the following forms: (1) Residential Seller Disclosure Advisory page, which serves as the cover page to the Residential Seller’s Property Disclosure Statement; (2) Buyer Attachment page to the Residential Resale Real Estate Purchase Contract; and (3) Agreement Notice Pursuant to the Short Sale Addendum to the Residential Resale Real Estate Purchase Contract. - Legal Hotline
T/F Unsolicited Text Message Marketing Is Illegal
T/F Can a Trip to Hawaii Be Used As a Marketing Tool?
May 14, 2019
- 100 days and counting…
The Arizona State Legislature has been in session for over 100 days and it doesn’t appear as if they’ll be adjourning any time soon. Since no more bills can be introduced, the legislators are slowly working through the ones they have left, which makes this a good time to let Arizona’s REALTORS® know what bills have been signed into law already this year that could impact their business. - It’s My Two Cents
For almost 20 years, Larry King had a weekly column in USA Today titled “It’s My Two Cents.” The column consisted of short, random quips, insights and opinions and was perfect for busy readers with not a lot of time to spend on long articles. - Legal Hotline
T/F Arizona REALTOR® Forms Are For Member Use Only
T/F Seller Violates RESPA by Dictating Title Company for a Transaction
May 7, 2019
- Know Before You Owe – Residential Rental Transaction Privilege Tax ChangesIf you are a REALTOR® that practices property management, understanding the changes that occur with Residential Rental Transaction Privilege Tax (TPT) is imperative to your clients and your business.
- Arizona Legislators have Enacted Substantial Changes to Dwelling Actions
The Arizona Legislature has enacted substantial changes to “dwelling actions” – construction defect litigation that involves single- and multi-family homes. - Legal Hotline
T/F: Presence of a Dwelling is Irrelevant to Whether an Affidavit of Disclosure is Required
T:F: Affidavit Of Disclosure Is Not Required If Six Or More Parcels Are Sold
April 30, 2019
- Accommodating Assistance Animals in Rental Housing By Attorney General Mark Brnovich
Landlords are obligated under fair housing laws to grant reasonable accommodations for their tenant’s disabilities if the accommodation would afford the disabled tenant an equal opportunity to use and enjoy the dwelling as a non-disabled tenant. - Arizona’s New Cell Phone Law
In today’s day and age, technology has allowed for most of us to have the simple convenience of our workplace in our hands at all times with a mobile device. For REALTORS®, this technology allows us to easily conduct business on the go. In Arizona, however, the laws surrounding the use of handheld devices have been silent, often defaulting to distracted driving laws or a piecemeal of city ordinances that ban the practice of texting while driving. - Legal Hotline
T/F Licensee May Not Practice Real Estate While In Prison
T/F Fair Housing Protection of “Familial Status” Not Limited to Tenant’s Children
April 23, 2019
- VICTORY!
REALTORS® will soon finally be able to use their commonly known names when conducting business thanks to a bill signed into law last week by Governor Ducey. HB 2371: “real estate; licenses; applications” offers a common-sense solution to an issue that has long been a thorn in many of our REALTOR® members’ sides. With this bill, REALTORS® in Arizona will now be able to use the name they are commonly known by in their advertising. - Occupational Licensing; Reciprocity
Arizona is now the first state to allow for broad recognition of out-of-state licenses with Governor Doug Ducey signing HB 2569: “Occupational Licensing; Reciprocity” into law on April 10, 2019. The legislation, which impacts many professions including barbers, nurses, bus drivers, respiratory therapists, security guards, teacher assistants and, yes, real estate licensees, was sponsored by Representative Warren Petersen. - Mediation Program
Arizona REALTORS® Buyer-Seller Dispute Resolution Mediation Program is a quick and inexpensive way to settle a dispute between a buyer and a seller. - Legal Hotline
T/F Buyer is Contractually Obligated to Provide Seller a Copy of the Inspection Report
T/F Brokerage May Not Pay Commission to an Unlicensed Limited Liability Company
April 16, 2019
- Pigs are flying. Should landlords prepare for pig stys?
More than 80 million Americans own a pet. Many of us consider them a part of our family, but for some their value goes far beyond companionship. While service animals provide legitimate assistance to those with disabilities, the controversy related to emotional support animals (ESA) continues to generate headlines as people seek a “prescription” that includes everything from hamsters to peacocks and yes… Pigs - REALTORS® Focus on Building Business at 2019 Arizona REALTORS® Convention
Laser focused on growing their business and better servicing their clients, REALTORS® from across the state recently gathered in Scottsdale for the 2019 Arizona REALTORS® Convention. Successful agents from across the state and around the country were on hand, revealing their techniques and sharing tips. Here are some highlights we didn’t want you to miss! - Fair Housing Quiz
Think you’re pretty well versed in federal fair housing law? Answer these 12 questions to see whether you’re ready to tout your fair housing know-how to your clients and customers. - Legal Hotline
T/F Agents May Not Accept Cash from Home Warranty Representatives for Referrals
T/F Agents Should Not Advocate for a Client After Closing
April 9, 2019
- April is Fair Housing Month!
Last year REALTORS® around the country joined together to commemorate the 50th Anniversary of the Fair Housing Act. From pet accommodation and racial discrimination to issues related to gender, matters related to housing continue to evolve. - Flood Donation Announcement
During the recent Arizona REALTORS® State Convention your Executive Committee voted to make a contribution to the Nebraska Association of REALTORS® to help rebuild after the devestating floods that have caused so much damage around the state. - Legal Hotline
T/F: Use of Specific Arizona REALTORS® Forms is Not Required. - T/F: Consent is Required for Dual Agency.
April 2, 2019
- Moving at the speed of Government
Arizona is a state on the leading edge in the technology sector, and now innovative and disruptive technologies in the property sector have a home thanks to Governor Doug Ducey when he signed HB 2657 into law on March 21. - Arizona REALTORS® are Stepping up in a Major Way for Statewide Advocacy EffortsMere months after orchestrating an overwhelming victory at the ballot on Proposition 126, individual REALTORS® across the state have been stepping forward to become Major Investors in RAPAC
- Legal Hotline
- The landlord and tenant execute an Arizona REALTORS® Residential Lease Agreement for a one-year term expiring on February 28th. The tenant advised the landlord that he was vacating the premises on February 26thand had all of his personal effects removed by February 28th. Did the lease terminate on February 28th?
- The buyer and seller entered into an Arizona REALTORS® Residential Resale Real Estate Purchase Contract. After the inspection was completed and before the inspection period was over, the buyer submitted a Buyer’s Inspection Notice and Seller’s Response (“BINSR”) that did not identify any items disapproved. Rather, the BINSR on Page 1 said “see attachment.” The attachment was an addendum reducing the purchase price by $7,000.00 signed by the buyer. The seller is unwilling to reduce the price by $7,000 and rejected the proposed addendum. May the buyer cancel based on the seller’s rejection of the addendum?
March 19, 2019
- What’s in a name??? Everything
If someone was to ask you about Edwin Eugene Aldrin Jr., you may ask who is that? But if someone was to say the name “Buzz” Aldrin, you would recognize that he was one of the first two humans to land on the Moon. Simply put, a name is everything. But under current law advertising under the name you go by, the one your friends, family and your clients know you as, could be a violation of statute and Arizona Department of Real Estate rule. - TransactionDesk®
We’re excited to announce that TransactionDesk® is now available as a member benefit. MLS Integration, Forms, Document Storage and eSignature with Authentisign are all included with the new program. - What a Week!
The annual gathering of the state’s REALTORS® has wrapped up and by all accounts the 2019 Arizona REALTORS® Convention was a tremendous success! - Legal Hotline
- True or False?
In the Arizona REALTORS® contract, the parties give the escrow company the authority to disburse the earnest money pursuant to the terms and conditions of the contract. Yes or No?
Does the Lead-Based Paint Disclosure apply to rental properties?
- True or False?
March 12, 2019
- RPAC + REALTOR® PARTY = RESULTS
Few organizations have the record of success that REALTORS® have enjoyed over the last 50 years. The combined effort at the local, state and federal level have protected our industry and created the opportunity for continued growth. - TransactionDesk®
New member benefit from the Arizona Association of REALTORS®. Click HERE to find out what’s included in this new member benefit and see how you can register for training. - 5 Quick Facts and Tips About the SPDS.
- Legal Hotline
March 5, 2019
- TransactionDesk®
With this new member benefit you’ll have access to real estate’s leading transaction management solution. - Provision to require DNA sample from Arizona REALTORS® eliminated
Even well-intended legislation must be carefully reviewed for unintended consequences that could impact Arizona REALTORS®. - Legal Hotline
February 26, 2019
- Advertising Checklist
When advertising, can you answer “yes” to ALL of the Advertising Checklist questions to ensure compliance with Arizona rules and statutes? - ICYMI: TransactionDesk® is Coming!
Arizona REALTORS® will be rolling out TransactionDesk® by Lone Wolf Technologies (Lone Wolf) as a member benefit. - Legal Hotline
February 19, 2019
- Who Does What?!?
End the confusion and learn what each entity does for you and who you need to call for information.
- Arizona REALTORS® Membership Survey
If you haven’t already, please take a few moments to answer our 12 question survey. - Are You Using MLS-Connect®?
Need to fill out your zipForm® forms quickly? Use zipFormMLS-Connect®! - Legal Hotline
February 12, 2019
- Arizona REALTORS® does NOT give your data to Zillow
Who really gives your data to syndication websites? - Top 10 Reasons to Attend the 2019 Arizona REALTORS® Convention
Don’t miss this year’s REALTORS® Convention! - How Tech Helpline can Help You
Are you taking advantage of your member benefit, Tech Helpline? - Legal Hotline
• T or F: A Septic Inspection May be Waived
• Should Commission be Negotiated in a Contract
February 5, 2019
- Top Code of Ethics Charged in 2018
- What Every Agent and Broker Should Know About Filing Taxes
- Want to be on a NAR Committee? Here’s how
- Legal Hotline
January 29, 2019
- 2019 Amendments to the Code of Ethics and Arbitration Manual
- The History of Arizona REALTOR® Scholarships
- Stand Out from the Crowd with MRES
- Legal Hotline
January 23, 2019
- FAQs: 2019 Commercial Real Estate Purchase Contract
- February 1st Forms Revision Release
- REALTOR® Day at the Capitol Recap
- Legal Hotline
January 15, 2019
- Housing History Repeats Itself
- Federal Updates from NAR
- How Are You Going to Sell My House?
- Legal Hotline
January 8, 2019
January 2, 2019
2018
December 26, 2018
- New Year, New President: What’s Ahead
- How Tech Will Change Real Estate
- Ring Out the Old and In the New
- Legal Hotline
December 18, 2018
- How Arizona REALTORS® Give Back
- Ring Out the Old in 2019
- TPT Changes Affect Two Arizona Cities
- Legal Hotline
December 11, 2018
- REALTORS® Amend Arizona’s Constitution
- Mapping the Future of Real Estate
- ‘Tis the Season for Email Scams
- Legal Hotline
December 4, 2018
- New LLC Law Poses Traps for Unwary Members
- Tax Reform Creates Real Estate Opportunities
- The Question Is: Have You Served?
- Legal Hotline
November 27, 2018
- Preview Video: Real Estate Rendezvous
- VA Loan Limits or Limitless?
- What Does ARELLO Stand For?
- Legal Hotline
November 20, 2018
- Where Have All the Listings Gone?
- Housing News for Veterans
- Time-Saving Single Sign-On Tips
- Legal Hotline
November 13, 2018
- Prop 126 Passes Thanks to You!
- More Arizonans Living in Floodplains?
- How Endorsements Faired at the Polls
- Legal Hotline
November 6, 2018
October 30, 2018
- Fight Misinformation About Prop 126
- How to Protect Yourself & Your Clients from Cyberattack
- REALTOR® Friendly Candidates
- Legal Hotline
October 23, 2018
- Protect Your Livelihood: Vote YES on 126!
- Resolving Remote (Computer) Connections
- REALTOR® Friendly Candidates
- Legal Hotline
October 16, 2018
- Arizona REALTORS® Champion Prop 126
- REALTOR® Friendly Candidates
- VIDEO: ADRE Teams Workgroup
- Legal Hotline
October 9, 2018
October 2, 2018
- Arizona REALTORS® Champion Prop 126
- “As-Is” is Not Necessary
- VIDEO: ADRE on Social Media Posts
- Legal Hotline
September 25, 2018
- Revised Buyer Contingency Addendum
- VIDEO: Unlicensed Assistants
- Don’t Let State Politicians Over Tax You!
- Legal Hotline
September 18, 2018
- PREVIEW: Revised Critical Date List
- Why You Should Vote YES on Prop 126
- REALTOR® Safety Tips Video
- Legal Hotline
September 11, 2018
- Nicknames Must Be Approved by ADRE
- 2018 REALTOR® Caucus Looks Ahead
- NEW Member Orientation Video
- Legal Hotline
September 4, 2018
- Silver Anniversary of the Contract
- ADRE Making Education Changes
- Revised Residential Financing Q&As
- Legal Hotline
August 28, 2018
- REALTOR® Friendly Candidates
- What’s Making the Phone Ring at the ADRE?
- Outreach Award Nominations Due Aug. 31
- Legal Hotline
August 21, 2018
- Commissioner’s Roots in Real Estate
- Early Bird Discount Ends Soon!
- Community Outreach Award Noms Due Aug. 31
- Legal Hotline
August 14, 2018
- Avoiding Hollywood Hiccups in Arizona
- Tick Tock! Time is Running Out
- Early Bird Discounts Ends Aug. 31
- Legal Hotline
August 7, 2018
- Drought Impacts Arizona Housing
- “As Is” Doesn’t Replace Disclosure
- Sending Docs from zipForm® to eSign
- Legal Hotline
July 31, 2018
July 24, 2018
- Early Form Release on August 3!
- Commercial Member Benefit Renegotiated
- Contact Guidelines for Commercial Forms
- Legal Hotline
July 17, 2018
- Seating is Limited for REALTOR® Caucus
- Filing Period Open for State Elections
- Tech Helpline vs Tech Help Fraud
- Legal Hotline
July 10, 2018
- More Than 400,000 Signatures!
- 6 Tips to Work With an Appraiser
- Register Now for REALTOR® Caucus
- Legal Hotline
July 3, 2018
- Losing Your Commission is Easy
- Member Benefits: Tap Into Tech
- Vote for Candidates Supporting REALTORS®
- Legal Hotline
June 26, 2018
- Protecting Tenants at Foreclosure Act
- Vote for Who Supports Your Industry
- NFIP to Expire Mid-Monsoon Season
- Legal Hotline
June 19, 2018
- Vote for Who Supports Our Industry
- Click Here to Extend Flood Insurance
- 5 Tips to Deter ‘Social Engineering’ Fraud
- Legal Hotline
June 12, 2018
- Highlights From DOJ-FTC Workshop
- Women Are Paying More for Housing
- Sign Up for SSO for Your Chance to Win!
- Legal Hotline
June 5, 2018
- 2018 President Reflects on First Six Months
- Sign Up for SSO for Your Chance to Win!
- WeMAR Shares Lifesaving Flyer
- Legal Hotline
May 30, 2018
- Sign Up for SSO for Your Chance to Win!
- Mobile/Manufactured Home Summary
- Highlights from 2018 Legislative Meetings
- Legal Hotline
May 22, 2018
- Revised Residential Landlord/Tenant Act
- ‘Who Does What’ at the State Association
- Avoid Problems Using Contract Basics
- Legal Hotline
May 15, 2018
- Revised Forms Effective June 1
- State House Results for Real Estate
- Single Sign-On Rocks: Here’s Why
- Legal Hotline
May 8, 2018
- Wastewater Addendum Revised
- Revisions to zipFormMLS-Connect®
- Changes in Arizona Real Estate Law
- Legal Hotline
May 1, 2018
- Arizona Ramping Up New Inventory
- What to Do With Tenant Possessions?
- SSO Makes Logging In a Breeze
- Legal Hotline
April 24, 2018
- Sexual Harassment in Housing
- 10 Things to Know About Writing Offers
- Speedier Certs, Safer for Homeowners
- Legal Hotline
April 17, 2018
- More Ways to Sell Manufactured Housing
- SSO is Your Key to Convenience
- NEW 3rd Ed. Guide to Law & Practice
- Legal Hotline
April 10, 2018
- What Does Your MLS Require for Offers?
- Are You “Digitally Hugging” Your Clients?
- SSO is So-So Easy
- Legal Hotline
April 3, 2018
- When It’s Okay to Discuss Commissions
- Single Sign-On Has Launched!
- Arizona REALTOR® Convention Highlights
- Legal Hotline
March 27, 2018 Special Edition
March 20, 2018
- Evolution of Seller Concessions
- Single Sign-On Preview (video)
- NAR Raises the Bar for REALTORS®
- Legal Hotline
March 13, 2018
March 7, 2018
- Self-Showing Lockboxes & Vacant Properties
- New Voices, New Perspectives
- Best Practices: 8 Tips You Need to Know
- Legal Hotline
February 28, 2018
- HB 2507 Hits Homeowners Where it Hurts
- What’s the Risk for Fix & Flips?
- The Finances of Owning vs. Renting
- Legal Hotline
February 23, 2018
- Residential Rental TPT Update
- Disclosures: Dual Agents & More
- Why Your Peers Invest in RAPAC
- Legal Hotline
February 13, 2018
- More You Need to Know About Commissions
- Single Sign-On (SSO) Debuts Soon
- Celebrating Fair Housing’s Big 5-0
- Legal Hotline
February 6, 2018
- Who Wrote the Book on Member Benefits (video)
- ICYMI: Can Seller Refuse Entry After Inspection?
- What You Need to Know About Commissions
- Legal Hotline
January 31, 2018
- What You Need to Know About Offers
- More Form Revisions Coming Soon
- Will Options be Enforced Without Key Terms?
- Legal Hotline
January 25, 2018
- Too Many Passwords to Recall?
- Buyer Advisory Update on Mold
- What Every REALTOR® Needs to Know
- Legal Hotline
January 17, 2018
- REALTORS® Converge on the Capitol
- The State of Arizona’s Housing Market
- Power Writing Skills for REALTORS®
- Legal Hotline
January 9, 2018
- Can Seller Refuse Entry After Inspection?
- How Tax Reform Impacts REALTORS®
- Top 10 Most Popular Tech Helpline Questions
- Legal Hotline