Real Estate Tips | Andrew Robb RE/MAX Fine Properties - Part 5 Real Estate Tips | Andrew Robb RE/MAX Fine Properties - Part 5

Ways To Take Title

Taking title in Arizona As the close of escrow date approaches, the escrow/title company will ask buyer how they wish to take title (ownership) of the property. It is important to understand the many ways to take title in Arizona:

A. SOLE OWNERSHIP is ownership by an individual, either as:
1. Single Man or Woman: a man or woman who is not legally married.
2. Married Man or Woman as His or Her Sole and Separate Property: a married man or woman who wishes to acquire title in his or her name alone. The title company will require the spouse of the married man or woman acquiring title to disclaim (relinquish) their right, title and interest in the property.

B. CO-OWNERSHIP is ownership by two or more persons, either as:
1. Community Property: a form of taking title owned together by married persons. In Arizona, property conveyed to a married person is presumed to be community property unless otherwise stated. Each owner has the right to dispose of their half of the community property by will.
2. Community Property with Right of Survivorship: same as Community Property but upon death of one owner, their interest ends and survivor owns property.
3. Joint Tenancy: a form of taking title owned by two or more individuals, who may or may not be married, in equal interests, subject to the right of survivorship in the surviving joint tenant(s). When a joint tenant dies, title is automatically conveyed by law to surviving joint tenant(s) and thus is not subject to disposition by will.
4. Tenancy in Common: a form of taking title owned by two or more individuals in fractional interests which may be unequal in quantity or duration and may arise at different times. Each tenant in common owns a share of the property, is entitled to a comparable portion of income from property and bears an equivalent share of expenses. Each tenant in common may sell, lease or will the share of property belonging to them.

C. OTHER WAYS of taking title, either as:
1. Corporation: legal entity created under state law consisting of one or more shareholders but regarded under law as having an existence separate from such shareholders.
2. Partnership: association of two or more persons who carry on business for profit as co-owners and may hold title to property in the name of the partnership.
3. Trustees of a Trust: arrangement whereby legal title to property is transferred by grantor to a trustee, to be held and managed by that person for benefit of the people specified in the trust agreement (beneficiaries).
4. Limited Liability Company (LLC): legal entity, similar to corporation and partnership, where an operating agreement determines how LLC functions and is taxed. Like the corporation, its existence is separate from its owners.

Phoenix Home Inspection

Phoenix Home Inspection Home inspectors are fact reporters. They examine a property and report what they find. They are unable to make comments as to code compliance of the home or cause of problematic situations. It is important to understand that a home inspection report is not a warranty. An inspection report is a compilation of an inspector’s observations, not a promise that all systems will continue to function for any specific length of time. Home inspectors examine the exterior, interior and mechanical components of a home. They are most concerned with ensuring:

EXTERIOR

Drainage
– positive grade/slope away from home
– no branches or limbs touching home or roof
– no standing water
– secure railings
– no flooding from septic tank
– downspouts direct water away from home
– maintained yard, landscaping, trees and paths
– maintained exterior structures (fences, sheds, decks, walls, detached buildings) free of termite infestation
– maintained driveways, sidewalks, patios that slope away from house

Structure
– stucco/siding appears straight and level
– no bowing or sagging
– windows and doors appear square
– foundation free of significant cracking

Exterior Surfaces
– adequate clearance between ground and wood materials
– no dents or bowing of vinyl siding
– no cracking, curling or decay of shingles
– no vegetation touching home
– no cracks in brick joints
– no large cracks in stucco
– no stains or discolorations
– no blistering or peeling paint

Windows, Doors and Trim
– adequately caulked frames and joints
– no broken glass or damaged windows/screens
– no loss of thermal seal in dual pane windows
– doors and windows that operate and lock easily

Roof
– no loss of granulation in shingles
– no evidence of excess roofing cement
– no missing or broken tiles/shingles
– no decay or stains in soffits and fascia
– no mold or decay in wood components
– adequate exterior venting for area under roof
– no patches, cracks or splits in flat roofing
– clean vents
– maintained gutters
– presence of flashing around roof penetrations
– maintained and flashed chimney

INTERIOR

Attic
– no stains on underside of roofing
– adequate ventilation
– no damage or decay
– no vents or ducts terminating in attic
– adequate insulation
– closed electrical splices or junction boxes

Basement
– no evidence of water
– no stains, major cracks, flaking or efflorescence in the exposed foundation
– no sagging, damage, decay, stains or damage from insects in wood

Bedrooms
– straight floors, walls and trim
– no stains on floors, walls or ceilings
– no major cracking on walls or ceilings
– paint, wall covering and paneling in good condition
– lights and switches in working order
– ventilated, air-conditioned and heated
– smoke and carbon monoxide detectors where required

Kitchen
– working exhaust fan
– functioning garbage disposal
– dishwasher in working order
– no leaky pipes or sinks
– ground fault circuit interrupter (GFCI) protection for all countertop outlets
– adequate water flow
– no stains, mildew or rippling of cabinet floor under sink
– cabinets in working order

Bathrooms
– working fan
– tub and/or shower tiles secure
– adequate water flow
– no stains around base of tub or shower
– proper sink/tub drainage
– functioning, stable toilet
– plumbing and cabinet floor under sink in good condition
– caulking in good condition inside tub and shower

MECHANICAL

Plumbing
– no damage or evidence of leaks in pipes
– water heater adequately ventilated and rust-free
– no signs of water stains on materials near pipes
– drain pipes slope slightly down towards the outlet
– unrestricted pipes

Electrical
– all circuit breakers properly labeled
– no exposed splices or poor wiring
– service panel in working order and no overheating
– no circuit breaker double-taps
– no aluminum cables for branch circuits

Heating and Cooling System
– adequate circulation
– clean air filters
– ductwork in good condition
– no rust around unit
– adequate temperature split differential
– adequate insulation for AC suction line

Simultaneous Closing

Arizona simultaneous closing In Arizona, a simultaneous closing occurs if the sale of the buyer’s current property closes on the same day as the buyer’s new property purchase.

Myth: simultaneous closings require using the same title company for both escrows. While it may be logistically simpler (and possibly cheaper) to use one title company to close both transactions on the same day, two title companies can be used. In fact, a simultaneous closing is even possible across 2 different states.

To make a simultaneous closing in Arizona possible, the Buyer Contingency Addendum is used when the purchase of the new property is contingent on receiving an offer for, and closing of, buyer’s current property by a certain date. Or if buyer’s current property is already under contract, it is contingent on closing of pending sale of buyer’s current property. The Arizona Buyer Contingency Addendum also provides for all executed documents of the sale of buyer’s current property to be provided to seller.

The reality of closing simultaneously in Arizona calls for a detailed understanding of each step in the escrow process, a firm grasp of the timelines involved and a realistic expectation that things will get stressful as the day of closing both homes approaches. Ultimately, the sale of buyer’s current home must close first, then those closing proceeds are used in conjunction with buyer’s loan to pay for new property.

As you might expect, with two or more families trying to each move at the very last minute on the same day, it can get complicated. Working with everyone involved to make compromises and being reasonable about what is physically possible and what can actually be done will go a long way in easing the tension.

Unincorporated County Island

unincorporated county island An unincorporated area of the county that is surrounded by a city is referred to as a county island. The greater Phoenix area has several county islands, including Sun City and Sun City West, plus large parts of Peoria.

Residents of a county island are legally able to operate a business from their home, typically without any special permission. This is perhaps the single biggest advantage to properties located in an unincorporated area of the county.

Why would a county island want to annex with a neighboring city, such as Peoria? There are many benefits for residents of the unincorporated area being proposed for annexation:

1. Fire Protection and Paramedics

The City of Peoria Fire Department will supply fire protection for your home and/or business. The Peoria Fire Department has a rating of 3 (1 is the highest, 10 is the lowest) which may reduce homeowners fire insurance premium. The services of the City of Peoria Fire Department Paramedics will assist with any medical emergencies and the average response time is 4 minutes 37 seconds.

2. Police Protection

The City of Peoria consistently has one of the lowest crime rates in the metropolitan Phoenix area. Regular patrol of residential and commercial areas by a trained and well equipped police force is provided with an average response time for police officers to priority calls under 6 minutes.

3. Water and Wastewater Services

The City of Peoria has been designated by the Arizona Department of Water Resources as having an Assured Water Supply, which indicates that Peoria has adequate water resources to serve its customers in the future. Water lines and fire hydrants are installed at the expense of the properties served but operated and maintained by the City of Peoria.

Some areas of Peoria are served by private water companies which are regulated by the Arizona Corporation Commission.

The City of Peoria operates public wastewater (sewer) collection and treatment systems. Individual sewage disposal systems (septic system) require periodic maintenance by property owner and will eventually need to be replaced. Public collection systems eliminate the need for individual septic systems. Wastewater lines are installed at the expense of the properties served but operated and maintained by the City of Peoria.

4. Sanitation Service

Regular scheduled pick-up services for garbage and recycling are provided weekly for a low cost. In addition, scheduled bulk trash pick-up is collected twice a year without any extra cost.

5. Zoning and Building Protection

The City of Peoria provides protection of the environment, life style, home and property values, through planning, zoning and building ordinances.

6. Street Maintenance

All public streets within city limits are maintained and cleaned by the City of Peoria regularly.

Arizona Buyer Advisory

Arizona Buyer Advisory The Arizona Buyer’s Advisory was created to assist home buyers in providing a research guide for conducting due diligence of items of importance. It encourages buyers to obtain important details of a property during the inspection period and contains links to assist buyers in finding this information. It also reminds buyers that real estate agents are not qualified home inspectors but that a realtor can assist a buyer in locating professionals for whatever areas of concern they may have.

The major sections of the Arizona Buyer Advisory provide guidance on the following areas:
– Documents a buyer should review, such as purchase contract, seller’s property disclosure statement, HOA disclosures and CC&Rs, loan information, home warranty policy, lead based paint disclosure, professional home inspection report, county tax records, termite report, etc.
– Physical conditions in the property a buyer should investigate, such as repairs and remodeling, square footage, roof, pool and spa, septic system, sewer connection, well and water supply, soil condition, previous fire or flood, pests and insects, deaths and felonies, health concerns, lot boundary, insurance claims history, etc.
– Conditions affecting the area surrounding the property a buyer should investigate, such as environmental concerns, sex offenders, proximity to airports, traffic conditions, crime statistics, zoning and planning, schools, etc.
– Other methods of getting information about the property, such as driving the neighborhood, talking to neighbors, investigating surroundings with Google Earth, etc.
– Resources such as information about Arizona, Market Conditions Advisory, fair housing law, disability law, wire fraud, etc.

The Arizona Buyer Advisory is a lengthy and constantly updated document, as information and links are updated at any time. If you would like the most recent edition of the Arizona Buyer Advisory, please email me.

Andrew Robb - RE/MAX Fine Properties, 21020 N Pima Rd, Scottsdale AZ 85255