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Potential Liability for Misrepresentations in Residential Real Estate
statutory language, ethics codes, or malpractice case law. ... liability; (2) the basis of a real estate broker's duty to a prospective purchaser; ... tortious misrepresentation in the real estate context. ..... spection and disclosure upon real estate brokers. .... A basic residential sales contract sets forth the identity of the parties,.
[ potential-liability-for-misrepresentations-in-residential-real-es.pdf - Read/Download File

Residential Seller's Property Disclosure Statement - AZCO Properties
Arizona law requires that you disclose material facts about the property whether or not you are asked by the buyer or a real estate agent, or when asked to complete ... legal effect as fraud. The Arizona ... misrepresentation. For example, if you ...
[ Residential Seller's Property Disclosure Statement - 9_06.pdf - Read/Download File

Arizona law reguires the seller to disclose material (important) facts about ... Therefore, nondisclosure may be given the same legal effect as fraud. If you are using the Arizona Association of REALTORS® (“AAR”) Residential Resale Real Estate ... law does not protect a seller who makes an intentional misrepresentation.
[ june_2014_spds.pdf - Read/Download File

Ten Most Frequently Made Claims Against Real Estate Licensees
Misrepresentation regarding the Condition of the Property;. 7. Consumer ... My real estate agent knew there was a discrepancy regarding the square footage of the home, ... When a fiduciary relationship exists, the law forbids the ... standard of honesty and full disclosure in regard to the client and must not obtain a personal.
[ 10 Most Frequently Made Claims.pdf - Read/Download File

Issue 1 - Arizona Department of Real Estate
Broker licensee to renew as a real estate salesperson by paying the .... Broker's legal name or DBA's legal name contained on the Employing .... penalties since licensees are not receiving notifications or courtesy .... A disclosure package will be sent by ADRE via certified mail. The ..... records, misrepresentation, violation of.
[ Bulletin_05.13.pdf - Read/Download File

Chapter Four Buying and Selling a Home - American Bar Association
The sale will involve negotiation and will have legal consequences. Like any other .... estate agent. Buying and selling real estate almost always entails a contract. ..... estate transactions involve the seller's misrepresentation or failure to disclose. ... Q. What are the real estate agent's obligations with respect to disclosure?
[ chapter_4.pdf - Read/Download File

A 50-State Report on Unfair and Deceptive Acts and Practices Statutes
numerous consumer law issues before federal and state policy makers. NCLC publishes ... low as $1,000 on civil penalties. ... states—Arizona, Delaware, Miss issippi, South ... UDAP statutes provide the basic protections for ... disclosures to be given to consumers, and some ..... property flipping and other real estate fraud .
[ report_50_states.pdf - Read/Download File

RPS Agents Duty Disclosures - Sanders & Parks
Feb 21, 2013 ... Real Estate Agents, Duty and Disclosure ... Real Property Section of the State Bar of Arizona ... Real Estate Agents and Legal Advice. .... and duty of explaining to the persons involved the implications of these ..... misrepresentation ... no liability for failure to disclose] “facts basic to the transaction if the facts ...
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OM Real Estate Memoranda
Purchase Price Must Be Disclosed To The Public When Recording A ... 1801 Basics of Community Property ... it is a contract for the purchase or sale of real estate or a business. .... such as Arizona, they may be recorded, but will have limited legal effect without ..... defects where there has been no outright misrepresentation.
[ FINAL-OM_Real_Estate_Memoranda.pdf - Read/Download File

The Liability of Home Inspectors in Residential Real Estate Sales
A review of advertisements for the sale of residential real estate leads one to .... law in Arizona, and an analysis of significant issues likely to be encountered in future toxic mold .... ness, quality, and ramifications of the work done by a home inspector. ... misrepresentation claims brought by buyers against home inspectors.
[ Marsh.pdf - Read/Download File

Download Buyers Guide - Yavapai Title Agency
such as choosing a real estate agent who is a member of the National Association of .... According to Arizona Good Funds Law, prior to the close of escrow, you are required to ... Accept compensation from only one party, except with full disclosure and ... comprehensive understanding of the legal and tax consequences, ...
[ Buyers-Guide-Complete-11-03-15.pdf - Read/Download File

Guide to Passing the Pearson VUE Real Estate
publisher is not engaged in rendering legal, accounting, or other professional advice. ... Published by DF Institute, Inc., d/b/a Dearborn Real Estate Education.
[ 9781475426137.pdf - Read/Download File

4 Under the federal laws described in footnote 2 above, state law must require ... acknowledgment, the parents must be advised of the legal consequences of .... Each of these states has legislation incorporating the basic ... 23 These states are Arizona, Arkansas, California, Connecticut, Idaho, ..... fact is disclosed at trial.
[ 0111.pdf - Read/Download File

Arizona Mobile Home Parks Residential Landlord and Tenant Act
prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, ... B. If a landlord is not a resident of this state or is a legal entity not authorized to do .... " Dwelling unit" excludes real property used to accommodate a mobile home. 9. ..... the prospective tenant of the history of basic space rent in the mobile home park.
[ MHP LTA_as of January 2012 (3)(1).pdf - Read/Download File

reform must solve this basic conflict, perhaps by unbundling the matching ... traditional agency law as applied to brokers are that: (1) buyers are unrepresented; ... As a consequence, the unrepresented party may be reluctant to share information ... Most commonly, a seller of real estate contracts with a broker to sell his or her.
[ 02-31_48.pdf - Read/Download File

Attorney Deceit Statutes - UC Davis Law Review
criminal penalties and/or civil liability in the form of treble damages. Until recently, these ..... Arizona Supreme Court “to provide that level of professionalism,” an. Arizona ..... party “by actively misrepresenting terms of client's pending real estate transaction”); ... many lawyers is to resist the disclosure of client information. In.
[ 44-2_Long.pdf - Read/Download File

Real Estate Brokers' Duties to Their Clients: Why Some - HUD User
previous literature on minimum service laws for real estate brokers. ... DOJ in April 2007 (FTC and DOJ, 2007), addresses the effect of minimum ... provisions codifying common law agency fiduciary duties of obedience, loyalty, disclosure, confidentiality, .... conveying information to a client, Arizona, in 2005, added additional ...
[ ch6.pdf - Read/Download File

Stuart C. Edmiston - UCLA Law Review
FOR STIGMATIZED PROPERTY DISCLOSURE STATUTES ... nondisclosure of stigmas affecting property in residential real estate transactions. ..... The list includes Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida , ..... Mitigating the Damaging Effect of Megan's Law on Property Values, 35 REAL EST.
[ 58-1-5.pdf - Read/Download File

solar power on the roof and in the neighborhood: recommendations
C. FEDERAL AND STATE INCENTIVES IMPACT CUSTOMER PAYMENTS AND ..... of property are a key disclosure in the recently enacted Arizona law. .... basic consumer protection polices relating to the sale and leasing of solar systems. ..... Commission developed SAVE in response to expressed interest from real estate.
[ BAlexander.FINAL Solar Power Consumer Protection Report.March2016.pdf - Read/Download File

articles consumer protection for latinos: overcoming language fraud
A. Impact of English Language Movement on Con- ...... that Arizona's state disclosure law under the Small Loans Act, requiring disclosures of Truth in. Lending ...
[ bender.pdf - Read/Download File

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