ADMINISTRATIVE LAW ARTICLES
Must We Tell Potential Homebuyers About A Bad Neighbor?
Question: We live in a nice neighborhood in Phoenix. Our next-door neighbor has gone off the rails and is trying to kill our cats, as well as all other cats in the neighborhood. This neighbor believes that these cats are giving fleas to his two dogs. The police have been called multiple times. Our neighbor has admitted to throwing mothballs in the backyard to try to kill the cats. Apparently, mothballs are extremely toxic to cats and small children. We are planning on selling our home in the next year. Will we have to disclose this neighbor’s crazy behavior? Answer: Absolutely!…
Sellers and Realtors Do Not Have to Disclose to the Buyer a Murder or Any Other Felony
Question: We are Realtors moving from California to be with our son and his family in Carefree. Although we only intend to “dabble” in real estate in Arizona, we signed up for real estate school. Yesterday we took a class on disclosure in Arizona, and we were shocked. In California a Realtor has to disclose any murder in the home in the last three years before closing. In Arizona a Realtor apparently doesn’t have to disclose a murder in the home, even if the murder was the day before closing. In addition, our instructor was even mystified by the Arizona…
“Gilbert Goon” Home Next Door Requires Disclosure
Question: We live in Gilbert next door to the home of one of the “Gilbert Goons,” a group of teenage boys who terrorized the Gilbert community for almost two years, until finally a 16 year-old boy was killed. Sometimes cars even slow down and point at this home next door. Fortunately, our children are grown, and we had been planning on downsizing in the next few years. We have decided, however, to sell our home now. Our Realtor says that we don’t have to disclose to a buyer anything about our next-door neighbor. Is she right? Answer: The legal principle…
Collection of Arizona Judgement in Texas
Question: Last year our son started his freshman year at ASU. He signed a one-year lease with a $1,700 security deposit for an apartment in a high-rise dormitory owned by a Dallas corporation. After summer school ended, our son cleaned his apartment and moved out. The property manager and our son signed a document that our son would get his $1,700 security deposit back in 30 days. After our son didn’t get his $1,700 security deposit back in 30 days, our son went to Small Claims Court in Tempe. Our son then got a recorded Small Claims Court judgment for…
Homestead Exemption Protects $400,000 of the Equity in a Home
Question: My parents only have their monthly Social Security payments for living expenses, and they have fallen behind on their mortgage payments for their Scottsdale condominium. Their mortgage lender has now scheduled a foreclosure sale in May. My parents’ Realtor says that their Scottsdale condominium has equity of at least $500,000, and that she is confident that she will be able to sell the Scottsdale condominium before the May foreclosure sale. My parents will then live with us in the casita in our backyard. What if their Realtor doesn’t sell the home before the May foreclosure sale? Answer: Under the…
Transferred Military Personnel Having To Pay Delinquent Rent
Question: In a recent column you said that a serviceman being transferred to the Presidio base in San Francisco would be required under Arizona law to pay two weeks’ delinquent rent on their West Phoenix home. My understanding is that under federal law all military personnel have protection from payment of delinquent rent. For example, if a serviceman gets called up now to immediately go to the Mexico border to assist in the proposed deportation program of illegal aliens, the serviceman should not have to worry about paying delinquent rent. According to your resume you were Marine Corps JAG, so…
Seller Not Required To Disclose Arrest For Statutory Rape
Question: We will be selling our Mesa home this summer. Our next-door neighbor’s 14-year-old freshman daughter was recently caught by her angry father having sex in the home with her 18-year-old senior boyfriend. The father called the police who arrested the boyfriend because the felony of statutory rape had been committed in the home. The father later declined to press charges, and the 18-year-old boyfriend was released. The 18-year-old boyfriend still lives in our neighborhood. Will we have to disclose his arrest when we sell our home? Answer: No. A homeowner does not have to disclose to a buyer…
Seller Cannot Demand Sale of Home to a US Citizen Only
Question: I am a Glendale real estate broker who just took a listing to sell 40 acres of agricultural property. The seller of the 40 acres of agricultural property vehemently told me that he would only sell to a “US citizen with paperwork.” Is that legal? Answer: No. The federal and state Fair Housing laws generally protect a buyer regardless of “national origin.” Therefore, the seller of a home, and any real estate agent, cannot discriminate against the buyer of a home who is not a US citizen. You should consult with your designated broker on how to educate your…
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