FREQUENTLY ASKED QUESTIONS

Do I need a lawyer?
Many states require that the closing on a home be performed by an attorney. In Arizona, close of escrow on a home is typically handled by an escrow officer at an escrow company. However, some people do have an attorney review the sales contract as well as the deed of trust prior to close of escrow.

What is an agency relationship in real estate and who will represent me?
There are basically three types of agency relationships in real estate: (i) A buyer’s broker — representing only the buyer; (ii) A seller’s broker — representing only the seller; (iii) A limited dual representation — a broker representing both the buyer and the seller. This typically happens when the home you choose to purchase is listed with the company of the agent with whom you are working.

In all instances the broker must:
• Exercise reasonable skill and care in the performance of their duties
• Disclose all facts known to the broker which could materially and adversely
   affect the price to be paid for the property
• Deal fairly and honestly with all parties to the transaction.

Why do I need a Home Inspection?
To evaluate the physical condition, structure, construction and mechanical systems (air conditioning, etc.), and identify items that need to be repaired or replaced and estimate the remaining useful life of all major systems and equipment.

What is an SPDS?
Sellers are obligated by law to disclose to the buyer all known material facts about the property. The Seller’s Property Disclosure Statement is divided into six general sections:

(1) Ownership and Property
(2) Building and Safety Information
(3) Utilities
(4) Environmental Information
(5) Sewer/Wastewater Treatment
(6) Other Conditions and Factors

What is a home warranty?
A home warranty is an annual service plan that provides for the repair or replacement of covered systems and appliances in the home that may break down due to normal wear and tear. It is an affordable and popular solution for home buyers to save money and reduce frustration.

How should I take title?
There are a number of ways to take title in Arizona, such as community property, community property with right of survivorship, joint tenancy with right of survivorship, sole and separate, and tenants in common, to mention a few. Your agent can provide you with information explaining the differences. If unsure which is best for you, consult an attorney.

What is title insurance?
Title insurance is an insurance policy which protects you against financial losses should your rights and interests in your property be challenged by someone else’s claim of ownership. In addition to insuring you against financial loss, title insurance will also pay the cost of defending you against a covered claim. In the state of Arizona, title insurance is provided to the buyer by the seller of the property. It is a one-time premium that is usually a part of the seller’s closing costs.

What is a closing?
A closing of a real estate transaction is the meeting, usually held at your escrow officer’s office, where final documents pertaining to the sale/purchase of a piece of property are reviewed by the parties involved, signed as required and funds conveyed to complete the transaction. Once the sale has been recorded in the buyer's name — usually the following day — the property ownership has been transferred to the buyer.

For buyers and sellers of homes in Arizona, we are happy to provide answers to the following:
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