SAFE SHOWING PRACTICES:  http://realtormag.realtor.org/well-being/safety/article/2017/10/7-dangerous-practices-you-think-are-safe

SAFE OPEN HOUSES:  TIPS;  https://www.nar.realtor/safety/10-tips-for-holding-a-safe-open-house

SAFETY, HOW MANY AGENTS CARRY A GUN?  http://speakingofrealestate.blogs.realtor.org/2017/09/12/25-of-male-agents-carry-a-gun/

 

SAFETY: ‘Hit Man’ Extortion ScamCon artists present themselves as 'hitmen' already hired by others to kill you, then extort payment to not carry out the contract.  PUBLISHED 14 JANUARY 2007  "Hitmen" who have been hired to kill you change their minds — for a fee.   FALSE

 

SAFETY CLAUSE:  A clause in the listing agreement protecting the listing broker from having buyer and seller wait until the listing expires to make a deal, thereby avoiding the payment of commission.  The clause states that if the property is sold during a specified period after the expiration of the listing (or any extension thereof) to a buyer provided during the listing period by the broker, the commission shall be due and payable.

 

SCAMS: The 4 most common mortgage and real estate scams and how to stop them: Wire Fraud, Rental Scams, Loan Flipping, Foreclosure Relief.

 

SALE SUBJECT TO THE LEASE:  (SEE 2 AAR TENANT ARTICLES, SALE SUBJECT TO LEASE)Arizona law states that the sale of property does not terminate the lease agreement.  So the sale would be "subject to the terms of the lease."   After COE, he only thing that would change is where the tenant sends their rent payment.  Nothing else changes from the lease agreement.

 

SCOTTSDALE SOCIAL SERVICES, FAIR HOUSING     http://www.scottsdaleaz.gov/social-services/fair-housing

SEASONAL/VACATION LEASE PROCESS:  Set up as seasonal or vacation rental, Broker or Paperwork to make NOTE in file “Vacation Rental, do not remove.”  DO NOT attach Rental Contracts to the L file, keep as active.  Will stay active until expires or cancelled.

SEASONED:  SEASONED MONEY:  Lender will generally require funds to be seasoned for 60 days, or as required.

SECOND MORTGAGE:  What happens if you default on second mortgage?    https://www.nolo.com/legal-encyclopedia/what-happens-if-you-default-second-mortgage.html

SECTION 8 HOUSING: Q: I get this question quite a bit: How do we as agent know if a home qualifies or not for Section 8? Please advise.     A: Maria, when searching in the MLS you need to add a search field (towards the bottom of the search criteria).  Add a field under Lease Information, the name of the new search field you will add is "Gov't Assistance Accepted."  This should let you search for section 8 properties.

Section 8Q: Ameet, thank you so much for the hard work you’ve put into this. My client is very honored to receive this lease, she’s looking for a long term rental to call home. My client qualifies on her own but we were wondering if there’s anyway that the owners will except a state benefits. Sources of Income for Tiffany Mosley:  Medicare Broker- $65,000K, Independent Medicare Contractor, $12,000 Child Support, $7,000K Adoption Benefit:

Q: I need assistance with the State benefits on a Rental Listing [MLS # 5720357]. I have never done any transaction related to this kind of situation and would like to get your direction/opinion on how to deal with this or should I even execute this contract. I want to make sure I protect my landlord client and not have any issues down the road. I am not sure how it works and any guidance related to this is greatly appreciated.       A: My only recommendation would be to follow up with the city to confirm vouchers and ask any other questions your landlord might have regarding that program and how it's administered.  There will be extra paperwork regarding this.  OR   I recommend that you reach out to the city of Scottsdale as I believe each city administers their own section 8 funding allocation.  Ask to speak to a manager or administrator who is involved with that and be prepared to ask them questions such as you have asked here.

Security Deposit Limits and Deadlines in AZ   https://www.nolo.com/legal-encyclopedia/arizona-security-deposits-36197.html    https://chernoff.law/rules-collecting-returning-security-deposits-arizona/

SECURITY DEPOSITS:  Q: If rent will be listed for $1500/month, what are the maximum deposits landlord can ask for.  There will be security deposit, cleaning deposit and possible pet deposits.  A: Hi Hillary, the maximum would be $2250 if the rent is $1500.  If it were me, I would make that ALL security deposit, which of course is refundable if the property is kept as it should be.  I would then charge a cleaning FEE and a pet FEE, which are non-refundable and don't count against the maximum deposits.  They have to be reasonable so maybe a few hundred bucks each.     Also, make sure you understand that prepaid rent is included in that maximum allowable deposits so if you take last months rent of $1500, you can only take $750 as security deposit.  KF

SECURITY DEPOSIT REFUND:  Q: How many days does a landlord have to return the security deposit after move out?  A: The landlord is required to return the security deposit within 14 business days after termination of the tenancy and must include an itemized list of deductions from the deposit (ARS 33-1321).

SECURITY DEPOSIT FOR POST OCCUPANCY: As part of this post possession agreement, seller and buyer agree to a refundable security deposit of $5000 to be credited to buyer at closing and to be held by buyer until seller vacates and delivers the premises to buyer in acceptable (or mutually acceptable) condition.”

SEEK LEGAL ADVICE LANGUAGE  Both buyer and seller have been advised in writing to seek legal advice prior to proceeding with the purchase transaction of 123 Main Street. 

 

Seller and Buyer acknowledge that Real Estate Broker’s are not qualified to provide financial, legal or tax advice.  Due to the complex, high risk nature of WRAP-AROUNDS and the underlying “DUE ON SALE” clause, along with the Dodd-Frank CFPB policy statements and both Federal and State laws regarding seller financing and seller carry backs, buyer and seller hereby acknowledge that they have been advised to obtain professional tax advice and consult independent legal counsel immediately prior to proceeding with this transaction.

or

Seller and Buyer acknowledge that Real Estate Broker’s are not qualified to provide financial, legal or tax advice.  Therefore, the parties are advised to obtain professional tax advice and consult independent legal counsel immediately prior to proceeding with this transaction.  Please attach legal letter of approval if available:  Attached  Y_____ N_____BUYER_  SELLER _AGENT___

 

‘SELLERS ARE YELLERS, BUYERS ARE LIARS”

 

SELLER CARRYBACK:  SELLER CARRY SHOULD GET LENDER TITLE INSURANCE POLICY    https://www.nolo.com/legal-encyclopedia/title-insurance-buyer-needs-36126.html   

HOW TO WRITE A SELLER CARRY:    1) On line #12 you will put the balance due after EM and additional down payment and say "Seller Financing, see attached addendum."  2) Mark the box on line #37 Seller Financing  3) Mark the box on line #97 Seller Carryback  4) Attach the appropriate Seller Financing addendum from zipForms or TransactionDesk.  NOTE:  There are three (3) seller financing addendums; 1) non-consumer (land, commercial, anything non-owner occupied), 2) where seller would only carry one (1) property during a 12 month period and owner occupied, 3) where seller would carry one to three (1-3) properties in a 12 month period and owner occupied.  Here is a screenshot of where the forms are on zipForms.  Jeff.   ATTACH SCREENSHOT FROM ZIPFROMS  SHOWING FORMS                     

 

SELLER FINANCING ADDENDUM: Q: Which one should I use?  A: The first two seller financing addendums are for owner occupied and will be secured by a dwelling, the third is vacant land, apartment bldg, etc. You will use the first owner occupied addendum if the seller would only finance one property in a 12 month period.  You would use the second if the seller will finance up to three properties in a 12 month period.  This would be the same as saying  "originating" seller financing within a 12 month period.  So, if they only originate one in a 12 month period, use the first form.  If more than one but no greater than three, use the second form.

 

SELLER FINANCING ADDENDUM, LANGUAGE, GET LEGAL ADVICE:  As per Seller Financing Addendum you recognize, acknowledge and agree that broker(s) are not qualified, nor licensed to: 1) determine the buyers credit-worthiness, and 2) qualified to ensure that the terms of the parties Seller Financing Addendum comply with state and federal law.  You are instructed to consult with qualified licensed professionals, including but not limited to a licensed Arizona attorney to ensure that the terms of the Seller Financing Addendum comply with state and federal laws that may prove applicable.  Because ensuring compliance with these laws is beyond the scope of the Brokers expertise and licensing, Buyer expressly releases and shall hold harmless Broker(s) from any and all liability for any violations that could have been discovered and/or avoided by consulting with qualified licensed professionals.  (Word type document, letterhead might work..)   BUYER: _______________ DATE______

 

SELLER CARRYBACK/SELLER WRAP FINANCING ADDENDUMS:  Please see Addendums in pdf documents, LANGUAGE.  Buyer has equitable title, buyer has possession, buyer executes note and deed of trust in favor of seller, seller will have to foreclose if buyer defaults.  Be sure to advise your client (in writing) to seek legal advice prior to proceeding with this transaction.                                          http://homeguides.sfgate.com/owner-carry-mean-real-estate-terms-7866.html

Attached please find the Language for the addendum we discussed.  You will also use the seller financing addendum from zipForms along with the wrap around hold harmless addendum which is on the HomeSmart website.  Wraps generally are transferred using an All Inclusive Trust Deed, please follow up with your title company regarding that prior to presenting your offer, just so you're clear on that.

SELLER CARRYBACK CASE STUDY:  AdamxBaileydeal Please be advised that I am in receipt of both CURE notices for this transaction.  As you both are aware, this transaction was written-up as a seller-carryback whereby the only loan on the property would be the note that the seller would hold.  As we discovered on the title report, there is an underlying loan which would have had to be addressed through a wrap.  While there are some companies that will handle wraps, it is largely frowned upon in our industry based upon disclosure requirements as well as liability remaining with the seller for the duration of the wrap term and the risk to both parties if the lender calls the loan all due and payable. This increased risk has caused the industry to shy away from these types of transactions. I apologize for any inconvenience that has been caused to you or your clients.                                                                                                                                                                                                                                                                                                                                                     Due to the nature of a wrap being required, we will be cancelling the contract due to the inability of performance under the contract.  Please note that the contract calls for a specific type of financing that is not possible based upon the seller having a loan against the property.  As such, the contract cannot be closed as it is drafted.  Should the parties wish to enter into a new agreement, with an understanding of the risk involved, with a title company that is willing to also undertake the risk of closing a wrap loan, this cancellation would not preclude a new agreement being reached.  Please advise as to whether the parties wish to wait out the CURE period and formally cancel the agreement, or if the parties will be willing to sign mutual cancellation instruction at this time.  Thank you.

This was advised by our legal counsel Dan Barbakoff, You are each welcome to reach out to him direct if  you have any questions or concerns his Phone number is: 480-313-7236  Ann Padilla, Sr. Escrow Officer  THE PADILLA-WILLIAMS TEAM – We work when you work!!  WFG National Title Insurance Company  Please confirm that you have advised your client to seek the guidance of an attorney if they wish to proceed with this transaction.  If they refuse to see an attorney - - then we will need to resign from the transaction.  Trudy.

“SELLER” CONTINGENCY ADDENDUM:  Part One:  This contract is contingent on Seller having an accepted offer to purchase a replacement property no later than xx/xx/xxxx.  If Seller fails to deliver accepted offer documents to Buyer by this date, this contract shall be deemed cancelled and Earnest Money shall be released to Buyer.  Part Two:  This contract is further contingent on the successful closing of Sellers replacement property by xx/xx/xxxx.  If Sellers accepted offer for replacement property cancels for any reason, Seller shall deliver notice of cancellation to Buyer within 24 hours and this contract shall be deemed cancelled and Earnest Money shall be released to Buyer.  OR, just the second part:  If sellers accepted offer for replacement property fails to close for any reason, seller shall deliver notice of cancellation to buyer within 24 hours and this contract shall be deemed cancelled and earnest money shall be released to the buyer.

 

“SELLER” CONTINGENCY ADDENDUM:  This contract is contingent on the seller entering into a contract to purchase a replacement home of sellers choosing no later than xx/xx/xxxx.  Should seller not have an executed contract for a replacement home by that date, this contract shall be cancelled, unless mutually agreed to extend, and all earnest money shall be refunded to buyer.  Once seller is under contract on a replacement home, seller shall notify buyer of any failure of sellers purchase contract within three days and in such case, this contract shall be cancelled, unless mutually agreed to extend, and earnest money shall be refunded to buyer.  Close of escrow may occur sooner or later as needed by mutual written agreement between the parties.  Seller and buyer also agree that this contract shall close escrow prior to the sellers replacement property, and further agree that COE shall be adjusted accordingly to ensure this sequence of closing dates is adhered to. OPTIONAL (DELAY INSPECTION): “The date of Sellers written notice to Buyer that Seller has an accepted offer for Sellers replacement property shall be deemed the date of contract acceptance for purposes of all applicable contract time periods excluding opening of escrow and deposit of earnest money.  OR Buyer shall promptly open Escrow and deposit Earnest Money as described in the Contract upon receipt of written notice of Sellers Replacement Property Contract Acceptance.”

SELLING AGENT:  The LA is the Listing Agent and represents the Seller.  The SA is the Selling Agent aka the Buyers Agent and represents the Buyer.  So yes, this is the correct form if you represent the buyer and want to reduce your commission contrary to what is being offered in ARMLS.  (Had sent her the ARMLS commission amendment form..she was confused because it says selling agent…)

 

SELLERS SOLE DISCRETION: SEE SOLE DISCRETION

 

SEPTIC ADDENDUM CANCELLATION: 

Wanted to get opinions on cancelling on the Septic Addendum within the 5 days of receipt of the facility documents if the report stated that the system is fully functional? Can the buyer still cancel and get their EM refunded if they cancelled with language such as the following? "After reviewing the septic inspection report (received xx/xx/xxxx) and after careful consideration and analysis, and investigating repair, maintenance and replacement costs, buyers hereby elect to immediately cancel this contract as per their unilateral right per line #’s 27-28 of the On-Site Wastewater Treatment Facility Addendum with EM Refunded to Buyer(s).”

 

(MARCIE): My thoughts; I can see there being concern for cancelling when the report states that it is fully functioning so my suggestion would be that the buyer use "improvements" reasoning - it will need to be updated in the near future.

 

 

 

 

 

 

 

 

 

 

 

SEPTIC: HOW DO WE KNOW IF A PROPERTY IS ON SEPTIC?  SEPTIC LOOK UP, MARICOPA COUNTY: Environmental Services Dept:   https://www.maricopa.gov/631/Environmental-Services

Go to website.  Type Septic  in the search box...agree to the terms.  Input the address you want to check.  Better:  https://www.maricopa.gov/2581/Online-Septic-Research                                                                                 Best  https://www.maricopa.gov/FormCenter/Environmental-Services-16/Online-Septic-Search-92         Jackpot http://envonbase.maricopa.gov/Septic.aspx

 

SEPTIC, CANCELLATION ON SEPTIC ADDENDUM:  SEE CANCELLATION, SEPTIC

 

SEPTIC, CLOSURE OR ABANDONMENT:      https://www.maricopa.gov/5283/Search?searchPhrase=septic+closure#gsc.tab=0&gsc.q=septic%20closure&gsc.page=1

Permit required, Maricopa County, must be cemented or filled with sand/gravel. 

 

SEPTIC PERMITS.  Seller agrees to provide permits for septic system to the property which was not properly obtained or shown in the public records.  Seller's cost to obtain permit(s), including costs to correct deficiencies required to obtain permits, shall not exceed $_________.  If costs exceed this amount, Buyer and Seller shall, within five (5) calendar days from the determination of said costs, mutually agree in writing on the amount of the excess that each of the parties shall pay.  If the parties fail to reach an agreement, this Sales Contract shall terminate, and all deposits shall be returned to Buyer less all settlement costs chargeable to Buyer.

 

“Seller agrees to provide septic permits for the property which were not properly obtained or shown in the public records, and further agrees to process all required paperwork to legally register septic system in the Public Records.”  “Seller to pay any/all permitting fee’s, paperwork fee's, late fee's, late or adjusted assessments and any/all property assessment taxes which may be due.”  “Both of these items to be completed to buyers satisfaction no later than x days prior to COE.”  Buyer hereby agrees to indemnify and hold harmless, the Seller and the Seller's and Buyer's agents from any and all claims arising from or connected with said nonconformance and lack of permits.

 

"Buyer agrees to close escrow and accepts the property in it's present physical condition without the septic system permits.  Seller & Buyer acknowledge and agree that Buyer will assume all responsibility for applying for and registration of permits with applicable governmental authority.  Buyer agrees to indemnify and hold harmless Seller and both brokerages of record regarding septic permitting and registration."

 

SEPTIC PERMITS - BUYER.  Buyer's obligations hereunder are contingent upon the Buyer obtaining a septic permit to   (write in what permit is for)   within ____ (___) calendar days from acceptance of this offer.  If Buyer is unable to obtain said permit within the time specified, Buyer shall have the right to terminate this contract by giving written notice to Seller; in such event, all deposits shall be returned to Buyer, less any escrow expenses chargeable to Buyer.

SEPTIC, PERMITS, LACK OF (AS-IS):  Buyer is aware that the ___was built without a septic permit, does not conform to the public records, and may not meet current codes.  Buyer may not be able to install a septic system under the present zoning code.  In addition, Buyer is aware that to obtain a permit, the County may require additional work to be done and/or demolition of the existing improvements.  The Seller shall not be required to make any repairs or pay for any expenses with respect to any nonconformance.  The Buyer hereby accepts the property in this "as is" condition and releases and agrees to indemnify and hold harmless, the Seller and the Seller's and Buyer's agents from any and all claims arising from or connected with said nonconformance and lack of building permits.

 

SEPTIC/SEWER:   SEPTIC, MLS SAID SEWER...UH  OH...Just a heads up, we represent the buyer, transaction closed on Friday.  Buyer went to have utilities put into their name and the city of Mesa said the property was on septic.  SPDS and MLS both said sewer.  Our agent, Anna Rodriguez, did question whether or not the house was on septic because it is common in the neighborhood, but she was told by Russ Lyon agent that it was sewer.  Anna suggested to the buyer to have it verified because it was common, however, the buyer did not.  Anna already spoke to the listing agent and the listing agent is meeting with the seller this afternoon.  The buyer had plans to add a bathroom, so if the septic is not large enough, that is a problem.  I know this is a seller issue but wanted you all to be in the loop in case Anna calls back, I am working off site the rest of the week.  Jenny.  Guess we need to find out what the buyer wants.  Probably for the home to be connected to sewer.  The buyer should speak an attorney and I would recommend getting 2-3 bids to find out what it will cost to connect.  Trudy.      At this time they are looking to have the seller certify, pump and repair as necessary at their cost.  Also verify the tank is large enough to add another bathroom.    But I did tell Anna to have them speak to an attorney.  Jeff.

 

SEPTIC, MLS SAID SEWER: SEWER/SEPTIC:  CASE STUDY:  Buyer discovers property is on Septic weeks/months/years after COE.  Did something break?  How discovered?  Are there costs involved?  Did Seller Disclose on SPDS, line #245-266?  IF NO, WHY NOT?  Past records?  (check prior mls listings, check ADEQ Registration Records, neighbors, vendors, utility providers, etc).  Did buyer initial line #246 on PC acknowledging sewer/septic must be investigated during the inspection period?  Did the parties choose not to execute the On-Site Wastewater Treatment Facility Addendum?  Did inspector note septic or sewer?  WHY?  Possible Liability for Inspector?  Did inspector rely on Seller SPDS or other records? 

Sellers intentions?  Compensation?  Resolve? Legal?       Buyers intentions?  Compensation? Resolve? Legal? 

AGENT NEEDS TO COMMUNICATE YOUR CLIENTS INTENTIONS TO ALL PARTIES, SIGNED BY CLIENT IF AGREES.  ADVISE YOUR CLIENT IN WRITING TO SEEK LEGAL, TAX AND ANY OTHER PROFESSIONAL ADVICE DESIRED BY CLIENT.”  BUYER/SELLER IS HEREBY ADVISED TO SEEK LEGAL, TAX AND ANY OTHER PROFESSIONAL ADVICE DESIRED BY CLIENT.”  What does the buyer want?  Need to know this first.  Do they want it repaired, or do they want to move to Beverly Hills and buy a $2MM tear down and start over?  (A little humor).

 

SEWER:  OH SHIT!  No Sewer Connection Despite Seller’s Representation  By Christopher Combs | January 24, 2019

 

Q: When I purchased my home in Paradise Valley, the seller represented to me that the home was connected to a sewer system.  I am now trying to sell my home, and the first buyer during the inspection period canceled the purchase contract because his home inspector discovered that my home was not connected to the sewer system, but only had a septic system.  The cost to connect to the sewer system is $35,000.00, which is basically the loss in value of my home.  Doesn’t my real estate agent that represented me when I purchased my home have some liability for failing to tell me that I only had a septic system?

A: In order to determine if your real estate agent has liability to you, some questions need to be asked. When you purchased your home did you have a home inspection?  Did you attempt to confirm that there was a sewer connection as required by the standard Arizona purchase contract?  After you purchased your home did you pay a monthly fee to the Town of Paradise Valley for a “phantom” sewer connection? Did you have any discussions with your real estate agent about any sewer connection? In general, if your real estate agent violated the standard of care for other real estate agents in the Paradise Valley area regarding the confirmation of a sewer system, your real estate agent could have liability to you.

 

SEPTIC, UNPERMITTED SEPTIC ON PROPERTY:  Seller should disclose on SPDS and/or update SPDS when unpermitted septic is discovered.  “County Records do not reflect the unpermitted septic system, or County Records may not reflect the unpermitted addition or Septic System may be unpermitted or Septic System is unpermitted.”

 

“County Records do not/may not reflect the/an unpermitted septic system, therefore Seller and Buyer acknowledge and agree to waive the On-Site Wastewater Treatment Facility Addendum” or “Seller and Buyer agree to waive Line #’s 20-24 (Notice of transfer and Notice of transfer filing fee) of the On-Site Wastewater Treatment Facility Addendum.”  Buyer hereby agrees to indemnify and hold harmless, the Seller and the Real Estate Brokers of Record from any and all claims arising from or connected with said nonconformance and lack of permits.

 

SEPTIC, WAIVE ADDENDUM….SEE CASE STUDIES…….

 

SERVICE ANIMALS:  SEE EMOTIONAL SUPPORT ANIMALS

 

SETTLEMENT STATEMENT:  https://legal-dictionary.thefreedictionary.com/Settlement+Statement#:~:text=A%20breakdown%20of%20costs%20involved,costs%20involved%20in%20the%20sale       Required Federal Document outlining seller and buyer closing costs in a real estate transaction:  https://www.nestiny.com/funiversity/page/closing-disclosure-hud1                                                            OR….Settlement or Closing Statement:  A summation, in the form of a balance sheet, made at a closing showing the amounts of debits and credits to which each party to a real estate transaction is entitled.

SEVERALLY LIABLE, If one party cannot pay, whoever is left standing pays entire judgement.

SEVERING AGENT:  LANGUAGE SORRY TO SEE YOU GO: (Al & Jane, 12/20/2019): Later today, December 13, 2019,  we will be moving our Arizona Real Estate licenses to Coldwell Banker Residential Brokerage in Ocotillo/Chandler.  We wanted you all to know this is a strategic business decision for us only and how much we’ve enjoyed being HomeSmart Agents and the support you’ve provided to us over the past few years. We’ve continued to gain experience, knowledge and that much needed patience for this industry and are very appreciative to you and the HomeSmart Team for your expertise and Agent Care. We will send the required transfer paperwork for our listings ASAP. Thank you for your understanding and we wish you continued success in the New Year and beyond!  A: Sorry to hear this, I enjoyed our conversations and navigating through the various twists and turns of your transactions with you. We will do whatever we can to make the transition as smooth as possible. I'll keep an eye out for the transfer paperwork.  Please feel free to reach out should you need anything in the meantime.   Thanks for the memories!  JT 

SEVERING FROM HOMESMART:  LISTINGS, OPEN ESCROWS: Whoever, sorry to hear you will be leaving HomeSmart.  You will need to complete the Listing Transfer Authorization form for your listings,  this form is available from your local association (Phx, Scottsdale, Wemar, etc).  You will need to complete the Authorization to Transfer Open Escrow form for your open escrows, this form is available on your HomeSmart RSA Portal.  You should plan on transferring any open escrows to your new brokerage since you will not have access to your HomeSmart File once you sever from HomeSmart.  The other option would be to leave the open escrow transaction with HomeSmart and add another in-house HomeSmart Agent to the Transaction File who would then have access to make any necessary changes.  This option may require a referral fee to the agent.  The fee to transfer an open escrow is $300 regardless of the plan you are currently on plus any outstanding fee’s that may be due on your account..  There is no fee to transfer a listing.  Please feel free to call with any questions.  Jeff.

SEVERING, ADRE:  Q: I would like to step down from HomeSmart as I will be traveling for a year. What paperwork do I need to fill out in order to move forward?  A: Andy, you will "sever" yourself from HomeSmart on the ADRE online system, log in to your account at ADRE to complete the process.  Just make sure your HomeSmart account is up to date and you are good to go.  As a reminder, once you sever your license will be "inactive," you will not be able to earn any real estate commissions or compensation until you hang your license again with a broker.  You will still need to renew your license with ADRE every two years and keep your continuing education update or your license will be terminated, if that happens and you want to be licensed again you will have to start all over with the pre-licensing coursework.  If you have any listings or open escrows, (copy from LISTINGS/OPEN ESCROWS language above…).   I am copying our Agent Services Dept on this email as well in case they need to reach out to you for anything...good luck!  Jeff.

 

Q: I have taken a position selling Time Shares and I am required to move my license to them. My listing at 4201 S. Granite Dr. is being transferred to Joseph Curbelo. This is my formal notification per A.R.S. ßß 32-2151.01, 32-2153 (A)(8), 32-2155  Please let me know if you need anything else and what procedure I must follow to return my key card, etc.  A: Hello, Thank you for notifying us. You will need to sever your license with ADRE, azre.gov, they will notify us and we will process the sever from there. You can drop off your key card at the corporate office if you like. Once we process the sever the key card will be inactivated. Please let me know if you have any questions.

SEVERED AGENT:  CASE, LEFT HOMESMART BUT DID NOT SET UP FILE: I talked with Ashley Gomez in our paperwork dept regarding the file you have closing that is not set up in HomeSmart.  She recommends that you email the documents to paperwork@hsmove.com and put "SEVERED AGENT" in the subject line.  Add a note that you have severed from HomeSmart and this file needs to be set up since it originated at HomeSmart.  Please call with any questions.

Dear HS Paperwork, I am a severed agent and this file was originated with HS. I was instructed by the broker department to send this via email.  I need a file created ASAP due to the new system deleting this file and this transaction closing today.  Agents on the file are Laura Adan at 35% of the commission splitting the transaction fees in half, Shamile Hirsh 65% of the commission splitting the transaction fees in half.  Thanks.

SEX OFFENDER REGISTER SEARCH, AZ DEPT OF PUBLIC SAFETY     http://icrimewatch.net/index.php?AgencyID=55662

SEX OFFENDER: CANCEL ON BINSR:  In email state: “Please see that attached BINSR and Cancellation.  Sorry this deal did not successfully close escrow. Hopefully we can work together on another one in the future. Thanks for every effort you made to make it happen.  I have copied Theresa Fernandez at First American Title on this notice.

Write this language on BINSR to cancel: “Pursuant to Buyer’s Advisory, sect 3, item #6, the buyer has learned there are numerous Sex Offenders living in immediate proximity to the subject property and hereby rejects premises and elects to immediately cancel this purchase contract.”

SHED VS STORAGE BIN:  This is not a shed.  It is a storage bin.

What is a SHERIFFS DEED?  A document giving ownership rights in property to a buyer at a sheriff's sale (a sale held by a sheriff to pay a court judgment against the owner of the property). A deed given at a sheriff's sale in fore-closure of a mortgage. The giving of said deed begins a Statutory Redemption period.

DEFINITION of  SHERIFFS SALE- A term used to refer to distressed public property auctions. Sheriff's sales is generally the last step in the foreclosure process after the homeowner has exhausted all his/her options to avoid defaulting on a mortgage.