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The post Protected: Agency Relationships and a Broker’s Duties appeared first on Arizona REALTOR® Voice.

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The post Protected: Arizona REALTORS® Announces 2018 Primary Election Endorsements appeared first on Arizona REALTOR® Voice.

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Contributed by Jessica Lautz, National Assn. of REALTORS® Demographics & Behavioral Insights Director

Single female purchasers tend to be more likely to see buying a home as an investment, according to Jessica Lautz, director of demographic and behavioral insights for the National Association of Realtors. Single women pay slightly more on their purchase, on average, than single men — $185,000 compared with $175,000 — and are more likely to have children younger than 18 in their households.
The Washington Post (May 9, 2018)

“Interestingly, when this is controlled for square feet, type of location of the property, age of the home, beds/bath, I found even for an identical property in specs, women pay 3.1% more than other buyers,” said Lautz before the 2018 Residential Real Estate Economic Issues and Trends Forum.

“There’s more than double (the number of) single females in the market than single males,” she added during a follow up presentation of “Is the Dream Still Alive?” for the REALTOR® University Speaker Series. “(And) when they’re saving, they’re purchasing a more expensive home.” Women pay $7.2K more on average.

“It could be women make the choice to invest more, or it could be they leave money on the negotiating table,” Lautz hypothesized. “Or that the condition of the home is not taken into account, or the neighborhood type…while the same…is significantly different. All may be true. But all, lend themselves to policy implications.

Lautz is also studying the impact of student loan debt on home buying. The homeownership rate for adults under the age of 35 has dropped. She drew a close connection between student debt and the lower ownership rate.

“If I was in control of the universe, I would recommend the following (not necessarily NAR policies):

  1.   Allow borrowers to refinance and consolidate more than once
  2.   If borrower pays loan while in college, waive the interest
  3.   If income-based repayment program, at least one-dollar goes toward the principal
  4.   Require annual training to high school counselors and college financial aid counselors
  5.   Add a required course to college and high school curriculums on financial literacy
  6.   Educate professors on college textbook costs; maybe there’s another way to share books
  7.   Stop ranking high schools on college placements
  8.   Expand mortgage financing to include alternative credit scoring.”

Data from Lautz’s dissertation is expected to be completed later this year. For more research on home buying, student debt and demographics, follow her on Twitter @JessicaLautz.

Related Resources:
Is the Dream Still Alive? (slides) – Residential Real Estate Economic Issues & Trends Forum (May 17, 2018)
Highlights From the 2017 Profile of Home Buyers and Sellers – NAR (Oct. 2017)
Women Are Better than Men at Paying Their Mortgages – The Urban Institute (Sept. 2016)

The post Single Women Account for More Real Estate Purchases Than Single Men appeared first on Arizona REALTOR® Voice.

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National Assn. of REALTORS® (NAR) general counsel Katie Johnson was among a distinguished group of panelists at the What’s New in Residential Real Estate Brokerage Competition workshop on competition in real estate, sponsored jointly by the Federal Trade Commission and Department of Justice. The workshop focused on developments since the publication of the FTC/DOJ Report on Competition in the Real Estate Brokerage Industry in 2007.

Highlights from the 2018 FTC/DOJ Workshop

Simon Chen – president & CEO, ERA Franchise Systems, LLC:
There was a number that’s being bandied around in the industry right now that are saying that non-traditional “brokerage models” now are the majority in the marketplace, and that’s sort of what we feel as well. So, whether you look at the real trends data or you look at Swanepoel’s research and you just add up the “traditional companies” versus the new hybrid…or non-traditional companies or what have you…it seems like that tipping point has actually been reached in the marketplace.

Eric Eckardt – U.S. CEO, Purplebricks:
I think as we go forward over the next three to five years, you’ll continue to see pressure on pricing, you’ll continue to see more efficiency, more convenience and more value all to benefit the consumer — which should really be everyone’s North Star in this room. Whether you’re with an MLS Board, a franchise, an independent, that should really be our primary mandate is provide great value and service to the consumer.

Luke Glass – EVP of Industry Platforms, realtor.com®:
Undoubtedly, the consumers are more enabled today than they were 10 years ago, and I think the processes that have come out through platforms…like ListHub, increases in MLS feeds, and the way the MLS standards have evolved…have really powered this idea of a more educated consumer over the last 10 years. They come armed with more information, and yet they are still using REALTORS® at approximately the same rate they have for the last 10 years.

Art Carter- CEO, Calif. Regional MLS:
Really, the vast majority of information that the consumer really needs and wants can be delivered through a IDX feed, or in the portal’s case, feeds that are built off of that IDX information. I don’t think there’s been any lack of innovation being allowed across the spectrum from data delivery, based off of the information that’s being provided on the IDX side, or the feeds that our portals are getting.

Glenn Kelman – CEO, Redfin:
The only problem I have is when you give listings to websites that don’t give listings back, because then you fragment the market, you create disincentives for sharing, and you prevent buyers from seeing all the homes for sale. They have tremendous anxiety that they’re not seeing all the homes for sale.

Katie Johnson – NAR, General Counsel:
MLS is the envy of the world of regulators and countries across the world. They recognize the pro-consumer benefits of having an orderly marketplace, where all the information is located. There is price competition in that there is varying business models, and that consumers are understanding that there is not a fixed commission; in that it is either negotiable or you can choose a flat rate versus a percentage commission.

So, I think that that was a good illustration of price competition…and I agree with Panle [Jia Barwick at Cornell Univ.] that it should be studied, and it should be evaluated. And we should care about this because we the real estate brokers, and agents want the best experience for consumers just like everybody else does.

But, you should use that information that’s happening today. The studies shouldn’t look back at 2005 or before that didn’t have these varied business models that we’ve learned about.

Brian Larson – assoc. professor, Texas A&M Univ. School of Law:
I would expect that any business we can think of probably has points of friction. I think continuing to study what those points of friction are, and identifying potential places where we can approve practices is always a good idea. I’ll just sort of reaffirm the comment I made, and then I think that Panle just echoed; it would be good to have lots of information, and lots of knowledge about why we’re making changes if we’re making changes.

So, a knee jerk reactions to anecdotal stories, which is some of what we’ve heard here today. Or, under-tested solutions to problems that are identified based on theoretical, or empirical perspectives that are limited in their scope they come with risks. And so, we need to think about what those risks are and make sure we’re not throwing the baby out with the bathwater.

Related resources:
Highlights from the DOJ-FTC Workshop on Competition in Real Estate (video)
Competition in Real Estate – National Assn. of REALTORS®
2018 FTC-DOJ Workshop Speaker Bios

The post Highlights from DOJ-FTC Workshop on Real Estate Competition appeared first on Arizona REALTOR® Voice.

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By Arizona REALTORS® 2018 President Lori Doerfler ABR, CIPS, rCRMS, CRS, GRI

The first half of my term as Arizona REALTORS® 2018 president has been a whirlwind.

Since taking office December 1, the state association staff has produced no less than eight webinars (now on the Arizona REALTORS® YouTube Channel), rolled out a Single Sign-On dashboard and hosted a variety of major events, to name just a few accomplishments.

Late last year, Jeff Turner and Todd Carpenter looked into the future of real estate during December’s Power Up Conference. One takeaway was that automation can help, but never replace the personal interaction of a REALTOR®.

In January, hundreds of REALTORS® gathered together at the Arizona Capitol to talk homeownership with state legislators, and be inspired by the National Association of REALTORS® 2018 President Elizabeth Mendenhall when she spoke during Arizona REALTORS® at the Capitol.

After years in Prescott, the annual Arizona REALTOR® Convention returned to the Valley and brought with it an incredible array of speakers including Google’s Chief Education Evangelist Jaime Casap. Sean Carpenter and Jeff Chalmers spoke individually, then were joined by Bill Risser for unique industry perspectives from a REALTOR®, a lender and a title guy.

Brian Copeland shared his terms of eDearment in “The Art of Digitally Hugging Your Clients” and more than $60,000 was raised for RAPAC (REALTORS® of Arizona Political Action Committee) between the pay-to-play cornhole (bean bag toss) tournament, AZWCR cocktail-fundraiser and a highly competitive silent auction.

In February, we rolled out Single Sign-On (SSO) for members, so you can access the most popular real estate applications from one “set it and forget it” dashboard. If you haven’t already done so, please sign up now to save yourself a lot of time and frustration.

After your Arizona REALTORS® Government Affairs staff and Legislative Committee had
reviewed more than 1200 bills, the 53rd, 2nd Regular Legislative Session adjourned in the wee
hours of May 4th.

On your behalf, we successfully passed, defeated or advanced a variety of legislative issues
including the passage of SB 1045: Home Inspectors, SB 1376: Landlord Tenant Act: Personal
Property and HB 2150: Manufactured Home Sales; Licensure; Exemptions.

2018 also marks the 50th Anniversary of the Fair Housing Act and the 100th Anniversary of the Phoenix Association of REALTORS® — and my year as president is only halfway over. Just wait until you see what’s in store for the rest of the year! What an honor to serve YOU.

The post Half-Term Recap by 2018 President Lori Doerfler appeared first on Arizona REALTOR® Voice.

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State association staff and approximately 170 Arizona REALTOR® members attended the 2018 Legislative Meetings in very rainy Washington D.C. Below are some highlights from the week-long trip.

Arizona REALTORS® CEO Michelle Lind, Esq.

  • The Board of Directors, Issues Mobilization and Executive Committees approved a $2M grant to assist in our campaign to pass a November 2018 constitutional amendment ballot initiative that would preclude new service taxes that were not taxed as of December 31, 2017
  • The Board of Directors approved a $30 National Association of REALTORS® dues increase
  • Arizona REALTORS® 2017 President Paula Monthofer was officially elected Region XI RVP

Broker Involvement Council – J.T. Tsighis ABR, CRB, rCRMS, CRS, GRI

  • Realtor.com® SVP of Industry Relations Suzanne Mueller recommended their Train The Trainer webinars
  • BIC Chair David Tina reported the following:
    • 16,270 agents recruited in 2017, now at 17,843; 16,061 Brokers enrolled representing 480K agents
    • 25 percent of responses on Flood Insurance and 20 percent to Tax Reform CFA (first to surpass 200K actions) came from Broker Involvement Program
  • Interested in joining BIP? Visit the Broker Involvement Program webpage or

Commercial Legislative & Regulatory Advisory Board – Suzanne Brown RCE

  • Possible House Judiciary hearing this year on ADA Website Lawsuits
  • House could take up Clarifying Commercial RE Loans or Senate may vote on it as standalone legislation
  • NAR asking for clarification that real estate “brokerage services” aren’t included in Tax Cuts & Jobs Act

Consumer Communications Committee – Shane Cook ABR, CIPS, GRI

  • Brand Story & Evolution or THE LOGO is not a REVOLUTIONARY new branding of some type; the timing of implementation is the main issue I believe
  • Realtor.com® is no longer using Elizabeth Banks in ad campaigns; also acknowledged they do a poor job of connecting leads with “Active” Realtors who return the contact inquiry
  • Workgroup seeing how to get the content that Arnold Worldwide (manages content development for NAR and the Consumer Advertising Campaign) and maybe Houselogic brandable down to the agent level

Diversity Committee – Steve Redmond ABR, GRI

  • Fair Housing Resolution was approved by the Executive Committee; inclusion of this proclamation and continued commitment to support Fair Housing in Private Property Rights is ahead of the curve

Global Business & Alliances Committee – James Robertson, Jr. MBA, CCIM

  • Residential sector continues to be an attractive investment for new or mid-level foreign investors and will continue through 2018
  • Arizona is now the #5 destination for inbound real estate investments
  • EB5 and H2B visa programs are still being pulled into the immigration debate and this could harm the future commercial labor pool.

Multiple Listing Issues and Policies Committee – Sue Cartun CRS, GRI
Mandatory waiver option for CIE subscription fees was approved to amend Policy Statements 7.33 and 7.43 to establish benefits of a no-cost waiver of subscription fees for Commercial Information Exchanges, so CIEs have the option of a no-cost waiver for any licensee, licensed or certified appraiser who does not use the service and can demonstrate subscription to a different CIE or MLS where their principal is a participant.

Professional Standards Committee – Jon Kichen

  • California Association of REALTORS® has been publishing information about its Code Of Ethics violators (viewable by members only); this would be voluntary for a board or association, with or without guidelines from NAR — read more here
  • There was discussion about geographically-close boards creating interstate hearing panels when it’s difficult to seat an impartial panel
  • Committee approved a change to Code of Ethics, Article 1, SOP 1-7: new language would require, upon written request from the buyer’s agent, for the listing agent to provide written affirmation that the buyer’s offer was presented to the seller.

Hill Visits – Arizona REALTOR® Party Director Charles Siler
All talking points were covered with Ruben Gallego (D-AZ 7th District), Paul Gosar (R-AZ 4th District), Debbie Lesko (R-AZ 8th District), Tom O’Halleran (D-AZ 1st District), Martha McSally (R-AZ 2nd District) and Kyrsten Sinema (D-AZ 9th District); as well as with staffers for Andy Biggs (R-AZ 5th District), Raúl Grijalva (D-AZ 3rd District) and David Schweikert (R-AZ 6th District).

Related stories:
NAR Board OKs Broader Ethics Enforcement, Dues Increase
The Branding Forum – Let’s Go There, Shall We?
A VA Renovation Loan? That exists?!?
Work Goes on After the Board Meeting

The post Arizona Highlights from 2018 Legislative Meetings appeared first on Arizona REALTOR® Voice.

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By National Association of REALTORS® communications staffers Robert Freedman and Sam Silverstein

Washington, D.C. (May 19, 2018) – The NAR Board of Directors took a major step toward increasing professionalism in real estate by giving associations new teeth for enforcing Code of Ethics violations, and it also positioned REALTORS® for the future by adopting the association’s first dues increase in eight years.

Under changes to Sections 23(j) and (n) of the NAR Code of Ethics and Arbitration Manual, local associations that choose to adopt the policy can publicize the names of members and the nature of their violations after a second violation of the Code of Ethics. They can also release a photograph of the member as part of that public disclosure.

“This is a huge shift that members have been asking for,” said Colin Mullane, broker-owner of Full Circle Real Estate in Ashland, Ore. Mullane is an NAR regional vice president. “Up to this point we’ve been reluctant to point the finger at people who really violate the Code of Ethics. Now there are real consequences if you’re a repeat offender.”

The stepped-up enforcement option is based on a pilot program of the California Association of REALTORS®.

In another big change, to Standard of Practice 1-7, a listing broker or agent is required to respond in writing that an offer was submitted to the seller if the cooperating broker who submitted the offer so requests. The listing broker or agent must respond in the affirmative unless the seller has provided written notification waiving the obligation to have the offer presented.

“There’s been real frustration by a lot of brokers, especially in busy markets, that they’re not sure if their offers were even looked at,” said Mullane. “That kind of thing breaks down the spirit of cooperation. This is a way to restore that.”

Another change, to Section 13(d) of the Code of Ethics and Arbitration Manual, clarifies the rights and role of REALTOR® principals in an ethics hearing.

“We have heard from members about strengthening professionalism, and today we took an important step forward,” said NAR President Elizabeth Mendenhall. “The changes will bring invaluable benefit to consumers and allow REALTORS® to serve them to the best of our abilities.”

S.M.A.R.T. Budget approved
In a major move to keep REALTORS® positioned for success into the future while ensuring NAR no longer needs to use reserves to cover expenses, the board approved a budget that sets national association dues at $150 per year per member beginning in 2019. That’s a $30 increase. Seventeen dollars of the increase is for REALTOR® Party advocacy programming. The remaining $13 will fund programs such as the new Commitment to Excellence professionalism initiative, the popular forms and transaction management benefit, and upkeep of the association’s buildings.

The new package of measures, called the S.M.A.R.T. Initiatives (for Strategic Measures Advancing REALTORS® to Tomorrow), was approved by NAR’s Budget Review Committee in March and association leaders sought member feedback in the weeks leading up to the meetings.

The NAR budget underwent a comprehensive review after Bob Goldberg became CEO of the association last August. The spending plan for 2019-2021 reflects more than $2 million in annual savings, achieved by reducing association staff, cutting global travel, and making across-the-board cuts.

NAR is also realizing savings from a decision Goldberg made earlier this year to end the Advanced Multi-List Platform (AMP), formed in 2015 by NAR’s wholly owned Realtors Property Resource® (RPR®) subsidiary to provide customized back-end technology services for small- to mid-size multiple listing services. The elimination of the program saves NAR $1.7 million in 2018 and, along with other reductions at RPR®, will save $5.25 million in 2019.

A key element of the financial blueprint involves replenishing NAR’s reserves, which have fallen 45 percent since 2015. In recent years, NAR used savings to fund activities such as a popular forms and transaction management platform benefit and for creation of Upstream, an innovative data management platform for brokers.

The increase also funds needed upgrades and repairs to the association’s Washington and Chicago office buildings. In addition, the board voted to establish a reserve fund to cover maintenance costs for the buildings in the future.

Board elections
The board elected 2019 officers: Charles Oppler, AHWD, of Franklin Lakes, N.J., first vice president; Vince Malta of San Francisco, president-elect; and John Flor, ABR, CRS, ePRO, GRI, RSPS, of Chetek, Wis., 2019-20 treasurer. John Smaby of Edina, Minn., was earlier elected 2019 president.

NAR officer restrictions
The board adopted a provision prohibiting members in certain NAR leadership positions from applying and campaigning for NAR elected office. The goal is to reduce the perception that a member is using official NAR travel and other association funds to further aspirations for elective office. The positions include NAR treasurer, regional vice president, REALTOR® Party director, and other committee liaison positions.

MLS policies
The board made two updates to MLS policies:

  • Created a no-cost waiver option for commercial information exchange (CIE) fees, dues, and charges for licensees affiliated with a broker, provided the licensee subscribes to at least one MLS or CIE. The changes parallel revisions in MLS policy adopted last year for multiple listing services.
  • Established a process within MLS rules for resolving complaints alleging unauthorized use of listing content by other participants.

Federal policy positions
To advance NAR’s efforts in Washington, the board adopted a number of tax and finance policy positions. Among them:

  • Index caps on state and local tax deductions for inflation. The major tax reform law enacted last year places a $10,000 cap on the amount of state and local tax deductions households can itemize on their return. Without indexing the cap for inflation, taxpayers will effectively see tax increases each year as inflation erodes the value of the deductions.
  • Eliminate the marriage penalty in the state and local tax deduction cap. The $10,000 limit doesn’t differentiate between single taxpayers and married couples filing a joint return.
  • Provide tax relief to student debt holders and employers who assist with their employees’ student loan debt burdens. In addition, NAR supports policies that provide tax relief to those borrowers with forgiven student debt.
  • Provide compliance relief to smaller community banks and credit unions so they can continue to offer safe and affordable mortgage credit to consumers.

Legal assistance
The board approved $340,000 to the California Association of REALTORS® to help with a copyright fight against the unauthorized use of the association’s real estate transaction forms.

Fair Housing 50-year anniversary
NAR Diversity Committee reported it had passed a resolution commemorating the 50th Anniversary of the Fair Housing Act and acknowledging that NAR policy has evolved over the years from promoting exclusion and opposing fair housing to leading efforts to expand fair housing rights and inclusion in the association’s membership.

Chief lobbyist to retire
The board recognized the service of NAR Chief Lobbyist Jerry Giovaniello, who is retiring at the end of 2018. Giovaniello is a 37-year veteran of NAR, the last 17 as chief lobbyist.

Tech summit announced
CEO Bob Goldberg shared plans to host a technology summit this summer to bring technologist, real estate experts, and capital providers together on behalf of real estate. “We need to bring disrupters and innovators to the table,” said Goldberg. “We need to get capital into this industry to help our members.” The Innovation Opportunity and Investment Conference, or IOI, is August 28-30 in San Francisco.

Distinguished Service Award
It was announced that Peyton Norville, Birmingham, Ala., and JoAnne Poole, GRI, CRS, PMN, Baltimore, will be the recipients of the Distinguished Service Award in November at the 2018 REALTORS® Conference & Expo in Boston.

Meritorious Service Award
The board recognized Sharon Keating of Jefferson City, Mo., and Larry Edward of Jackson, Miss., as this year’s federal political coordinators (FPCs) receiving the Meritorious Service Award. FPCs are NAR members who serve as liaisons to their senator or representative in Congress.

REALTORS® Political Action Committee
RPAC met more than half of its $34.5 million fundraising goal for 2018 during the first four months of the year, and the percentage of members who are RPAC contributors has risen to 28 percent, up from 25 percent a year ago.

The post NAR Board OKs Broader Ethics Enforcement, Dues Increase appeared first on Arizona REALTOR® Voice.

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By Scott Drucker, Arizona REALTORS® General Counsel

A license issued by the Arizona Department of Housing (ADOH) is generally required to act as a broker in the sale of mobile and manufactured homes. Pursuant to A.R.S. § 41-4047(3-4), it is unlawful to “engage in the business of a salesperson of manufactured homes, mobile homes or factory-built buildings…” or engage in the business of contracting to sell any new or used manufactured home, mobile home, factory-built building or subassembly (collectively referred to as “manufactured/mobile home”) without a license issued by the ADOH.

There is an increasing number of exemptions from the ADOH licensing requirements that
permit real estate licensees to represent a party in the sale of a manufactured/mobile home.

Prior to 2017, an Arizona real estate licensee’s ability to sell manufactured/mobile homes as part of their real estate practice was governed by A.R.S. § 41-2178(B)(1). Pursuant to that statute, real estate brokers and salespersons were permitted to act in the sale of used mobile and manufactured homes only when the home was affixed to the real property and listed in a contract for transfer of an interest in real property executed by its owner.

Q: What are the statutory requirements of the original ADOH licensing exemption?
A:
The requirements are the manufactured/mobile home:

  • Must be “used”
  • Must be “installed” on the property
  • Must be “listed” in a contract for transfer of an interest in real property executed by its owner.

Q: When is a manufactured/mobile home considered “used?”
A:
A.R.S. § 41-4001(37) defines “used unit” to mean “any unit that is regulated by this chapter and that has been sold, bargained, exchanged or given away from a purchaser who first acquired the unit that was titled in the name of such purchaser.”

Q: When is a manufactured/mobile home “installed” on the property?
A:
Pursuant to A.R.S.§ 41-4001(18), a manufactured/mobile home is installed on the property when it is:

  • Connected to on-site utility terminals
  • Placed on a foundation system
  • Secured by anchoring.
  • “Installation” does not require the filing of an affidavit of affixture for purposes of this exemption.

Q:When is a manufactured/mobile home “listed” in a contract for transfer of an interest in real property executed by its owner?
A:
This occurs when both the manufactured/mobile home and the real property interest are transferred in the same purchase contract. To transfer both the manufactured/mobile home and an interest in the real property in the same purchase contract, the seller must either own the real property or have the right to directly assign the lease for real property.

In 2017, the law was expanded pursuant to H.B. 2072, which amended A.R.S. § 41-4028. In addition to what was previously allowed, real estate licensees are permitted to act in the sale of mobile and manufactured homes under two new circumstances:

  1. Real estate brokers and salespersons can act on behalf of a Department of Housing licensed dealer in the sale of new or used mobile and manufactured homes located in mobile home parks, provided that the licensed dealer submits the required fees and paperwork. See A.R.S. § 41-4028(B)(1)(b); and
  2. Real estate brokers and salespersons can act in the sale of used mobile and manufactured homes located in mobile home parks, provided that the broker or salesperson is acting on behalf of a private party and is compliant with Arizona Department of Real Estate licensing requirements. See A.R.S. § 41-4028(B)(1)(c).

Q: How is a mobile home park defined?
A:
A.R.S. 33-1409 defines mobile home park as “any parcel of land that contains four or more mobile home spaces.”

Q: How can you determine whether a manufactured housing dealer is licensed?
A:
You can determine if a manufactured housing dealer is licensed by going to the ADOH Manufactured Housing Division’s home page and performing an online licensing search or by contacting the ADOH.

Q: What paperwork must the manufactured housing dealer file?
A:
A.R.S. § 41-4040 provides the following:
Every dealer who acquires or sells a previously titled manufactured home or mobile home, as defined in section 42-19151, shall submit a written report of all such acquisitions and sales to the department of revenue and to the county assessor of the county where such dealer is located. Such report shall be submitted by the fifteenth day of each month for the period of the previous calendar month and shall include:

  1. The manufacturer, brand name or model, size, factory list price, total selling price and serial number of such manufactured home or mobile home
  2. The name and address of the person from whom such manufactured home or mobile home was acquired and the last previous location of such manufactured home or mobile home
  3. The name and address of the person to whom such manufactured home or mobile home was sold
  4. The new location of such manufactured home or mobile home if such location is known to the dealer.

In 2018, via H.B. 2150, the law was again expanded. Effective August 3, 2018, real estate licensees will be able to act in the sale of a manufactured/mobile home in two additional circumstances:

  1. Real estate brokers and salespersons can act in the sale of new mobile and manufactured homes, outside of mobile home parks, provided that the real estate licensee is acting as an agent for a Department of Housing licensed dealer and the licensed dealer submits the required fees and paperwork. See A.R.S. § 41-4028(B)(1)(d); and
  2. Real estate brokers and salespersons can act in the sale of new or used mobile and manufactured homes, outside mobile home parks, provided that they are affixed to real property and listed in a contract for transfer of an interest in real property executed by its owner. See A.R.S. § 41-4028(B)(1)(a).

Q: How is the 2018 licensing exemption set forth in A.R.S. § 41-4028(B)(1)(a) different than the original?
A:
The only difference is that the most recent exemption also applies to new manufactured/mobile homes. While the original exemption required that the manufactured/mobile home must be “used,” the new exemption applies to both used and new manufactured/mobile homes.

Q: Does any exemption exist that allows real estate licensees without an ADOH license to represent a party in the sale of a used manufactured/mobile home that is not affixed to real property and sits outside of a mobile home park?
A:
No. To sell a used manufactured/mobile home that sits outside of a mobile home park, the manufactured/mobile home must be affixed to real property and listed in a contract for transfer of an interest in real property executed by its owner.

Q: Where can I find forms necessary for the sale of a manufactured/mobile home?
A:
The Manufactured Housing Communities of Arizona drafted a form titled “Mobile and Manufactured Home Purchase Agreement and Sales Contract,” as well as ancillary forms needed to effectuate the sale of a manufactured/mobile home.

In an effort to assist REALTORS® with these types of transactions, The Arizona REALTORS® has made these forms available on its website. Salespersons should consult their brokers.

The post The Sale of Mobile and Manufactured Homes: A Summary appeared first on Arizona REALTOR® Voice.

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By Scott Drucker, Esq., Arizona REALTORS® general counsel

A.R.S. § 33-1321 is that portion of the Arizona Residential Landlord and Tenant Act that governs security deposits. Pursuant to this statute, upon move-in, a landlord is required to furnish a tenant with a signed copy of the lease, a move-in form for specifying any existing damages to the unit, and written notification to the tenant that they may be present at the move-out inspection.

Within 14 days after termination of the tenancy and delivery of possession, the landlord must provide the tenant with an itemized list of all deductions from the tenant’s security deposit, together with the amount due and payable to the tenant.

Unhappy that they are not receiving a complete refund of their deposit, it is not uncommon for tenants to dispute any money retained by the landlord. However, to contest these deductions, tenants must now do so within a 60-day period.

H.B. 2651 was passed this legislative session and will take effect on August 3, 2018. Pursuant to this bill, A.R.S. 33-1321(D) has been amended to include the following language:

If the tenant does not dispute the deductions or the amount due and payable to the tenant within sixty days after the itemized list and amount due are mailed as prescribed by this subsection, the amount due to the tenant as set forth in the itemized list with any amount due is deemed valid and final and any further claims of the tenant are waived.

A.R.S. § 33-1318, contained within the Arizona Residential Landlord and Tenant Act, enables tenants to terminate their rental agreement in the event that the tenant is the victim of domestic violence as defined in A.R.S. 13-3601.

Pursuant to H.B. 2651, the tenant’s rights under this statute will now be expanded. As of August 3, tenants will additionally have the right to terminate their rental agreement in the event that they are the victim of sexual assault in the tenant’s dwelling, pursuant to A.R.S. § 13-1406.

For a tenant to exercise their rights in this regard, A.R.S. § 33-1318(A) requires that the tenant provide to the landlord a written notice requesting release from their rental agreement, accompanied with either:

(i) a copy of any protective order issued to the tenant who is the victim of domestic violence or sexual assault; or (ii) a copy of a written departmental report from a law enforcement agency stating that the tenant notified the agency that the tenant was the victim of domestic violence or sexual assault.

Representative Ben Toma from Legislative District 22 was the prime sponsor of H.B. 2651 and is also a REALTOR®.

The post Important Changes to Arizona’s Residential Landlord and Tenant Act appeared first on Arizona REALTOR® Voice.

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REALTOR® Ryan Paul Johnson spoke at one of the Arizona Storytellers Project events

I met my wife Amy in the summer of 2002. We got married two years later and then a year after that found ourselves moving to Durham, North Carolina.

I graduated from Phoenix Seminary, but wanted to be a college professor. I was going to have to get another doctorate, (but) halfway through my first semester at Duke Divinity School, I decided to drop out of that program.

We had bought a house and I didn’t know what to do. Amy’s dad called and offered me a job back here in Chandler. So, I just said yes and we put our house up For Sale By Owner and it sold. An NPR station was willing to accept my car as a donation, so it just felt like moving back was the right thing to do.

We packed up a giant, yellow Penske truck with all our belongings and started driving back across the the country. The fourth night, we’re on the I-10 and we see our exit for Ray Road. We both turned to each other and we’re like (laughing), “What did we just do?”

After six months, I quit working for her dad and got into real estate. It was 2008, the market was crashing and there was a huge opportunity in short sales, so I got in. I learned how to negotiate short sales, and it was like “really easy” because everyone wanted to get rid of their house.

(Now we live) right in between her parents and my parents and…at every stop along the way, Amy and I have been happy together. When I found Amy, I found my home.

In addition to selling real estate, Ryan Paul Johnson does standup comedy at ImprovMANIA in Chandler.

The post Local REALTOR® Explains Why Home Is Where the Heart Is appeared first on Arizona REALTOR® Voice.

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