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Failure to Disclose and other Misrepresentations
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| 2/2/2008 |
| Finding Mold Should Void the Contract |
| By: Christopher A. Combs |
After we signed a contract to purchase our home in Mesa, we had ten days to inspect the home. Our home inspector recommended several repairs, and the seller agreed to do these repairs. Three days prior to the close of escrow we went back into the home with our home inspector to confirm that the repairs had been done. The repairs that the seller had agreed to make were done. For the first time, however, our home inspector noticed a leak behind the washing machine, and a significant amount of mold has developed in that area.
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| 5/10/2008 |
| Disclosure of AIDS is Prohibited |
| By: Christopher A. Combs |
The tenant in the home that I rent out just died of AIDS. I want to sell the home or lease it to another tenant.
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| 6/28/2008 |
| Homebuyer Losing View to Major Store Might Have Claim |
| By: Christopher A. Combs |
Last summer I purchased a home in Prescott. The home sits on a hilltop, and the whole hillside was in its original, pristine, natural state with woods and an all-year spring at the bottom of the hillside. After I purchased my home I learned that there was going to be a Lowe’s store in the neighborhood, and that the beautiful hillside would be removed for the construction of the Lowe’s store.
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Financing, Loans & Foreclosures
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| 1/5/2008 |
| Probably No Recourse to Get Deposits |
| By: Christopher A. Combs |
| We signed a contract to purchase a new home in Gilbert almost a year ago. We deposited $20,000 earnest money. Under the terms of the purchase contract we had fourteen days to qualify for financing with the homebuilder’s preferred lender.
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| 7/12/2008 |
| Sibling Deed No Exception in "Due on Sale" |
| By: Christopher A. Combs |
My parents owned their home in Glendale for more than twenty years. Several years ago they had financial difficulty, however, and they sold the home to my brother who was able to get a mortgage. My brother is now tired of the "hassle" because he lives in Chicago, and wants to sell the home to me.
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Homeowners’ Associations & Neighbor Disputes
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| 1/19/2008 |
| Tree Owner Likely Liable for Damages |
| By: Christopher A. Combs |
Q: Our neighbors have lived next door to us in North Phoenix for almost twenty years. We have never had a problem. Our water line broke recently, and the plumber says that the problem is due to encroaching roots from our neighbor’s tree.
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| 3/15/2008 |
| Listing Pact Can Exclude Neighbor |
| By: Christopher A. Combs |
| My wife and I are retiring, and moving out of the Valley to our mountain home in Prescott. We have had several disputes with our neighbor in the past few years, and we would not want to have any business dealings with our neighbor in the sale of our home.
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| 5/3/2008 |
| Tree Trimming Firm Is Liable For Driveway |
| By: Christopher A. Combs |
Our next door neighbor in North Phoenix has a large eucalyptus tree in his back yard. He hired a tree trimming company to trim the branches of this large eucalyptus tree. During the trimming a very large branch that hung over my driveway fell and cracked the concrete in my driveway.
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| 5/17/2008 |
| Neighbor Liable for Flow Change |
| By: Christopher A. Combs |
I have lived in my home in a rural horse area in North Phoenix for the past eight years. The home directly across my private dirt road has a large rodeo arena in which the owners and their children practice riding and roping. The owners recently, however, raised the rodeo arena by bringing in truckload after truckload of sand.
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Landlord/Tenant
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| 3/1/2008 |
| Tenant Has Little Recourse After Foreclosure Sale |
| By: Christopher A. Combs |
| We are renting a house in Surprise from an investment owner. The lease does not expire until next April. We recently received notice that there will be a foreclosure sale in January.
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| 3/31/2008 |
| Landlord Can Post "For-Sale" Sign |
| By: Christopher A. Combs |
We rented a house in Mesa under a six-month lease. We still have two months to go on our lease, but the landlord's real estate agent has put a "for sale" sign in our front yard, and a lockbox on our front door.
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Miscellaneous
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| 1/26/2008 |
| Despite Closing Error, Seller Owes for Debt Payoff |
| By: Christopher A. Combs |
| I sold my home in Glendale two years ago. At the time I sold my home I had a $4,600 credit card judgment lien against me which I thought would be paid off by my title company at closing. The title company, however, made a mistake and did not pay the $4,600 credit card judgment at closing.
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| 2/9/2008 |
| Developer's Capability is Buyer's Call |
| By: Christopher A. Combs |
| We are purchasing a condominium in a subdivision project in Mesa. The subdivision project is to be a master planned retirement community. The developer is requiring, however, that we pay the entire $98,000 cash at the beginning of the contract in order to get the cash discount to $98,000. Under the public report approved by the Arizona Department of Real Estate, the $98,000 will not even be placed in escrow, but will be immediately released to the developer.
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| 2/16/2008 |
| All Owners Must Consent to Wall Change |
| By: Christopher A. Combs |
A five-foot high common wall separates my apartment building in East Phoenix from another apartment building. In response to requests for privacy from tenants in my apartment building, I want to raise the height of the common wall from five feet to six feet.
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| 4/5/2008 |
| To Preserve View, Buy Lot, Get Easement |
| By: Christopher A. Combs |
| We are sending you this letter because we tried to reach you via e-mail but we are "somewhat elderly-computer challenged." We have a home in East Mesa with a beautiful view of the Superstition Mountains.
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| 6/7/2008 |
| Possible Defense for $200,000 Suit by Homebuilder |
| By: Christopher A. Combs |
Two years ago at the height of the building frenzy we signed a contract for $650,000 with a homebuilder for the construction of a new home. Last fall when the home was completed, it appraised for only $450,000 and our lender would not make the loan.
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| 6/14/2008 |
| Private Nuisance Likely Won't Apply to Sex Offender |
| By: Christopher A. Combs |
Three years ago we bought a home in a master-planned community in the East Valley with beautiful views of the Superstition Mountains. The developer designed this master-planned community for families with children, and there are numerous playgrounds and an elementary school. Last year a Level 3 sex offender (the most dangerous kind of sex offender) moved into a home on our street.
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| 7/19/2008 |
| 10 Years of Public Use May Give Public Right to Use Road |
| By: Christopher A. Combs |
| We have owned forty acres of land for many years in the Lake Pleasant area. A dirt road running over this land has been used by the public as a short cut to Lake Pleasant. The traffic volume on this road is getting higher every year. In addition, we are now thinking about subdividing this forty acres. We want to fence off the road and prevent further use of the road by the public. Can we fence off the road, or has the road become a public highway?
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| 7/26/2008 |
| Homebuilder Liable for Defective Construction |
| By: Christopher A. Combs |
Our home in North Phoenix was constructed and sold in May 2001. We purchased the home from the original owner in 2004. Last year we began noticing an approximate ten square foot section of stucco peeling off the wall on the south side of our home. When we contacted the homebuilder for repair of this damaged stucco, the homebuilder refused to make any repairs because he said the stucco failure is not structural, but only cosmetic.
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| 8/16/2008 |
| Dispute Over Return of Full Earnest Money Deposit |
| By: Christopher A. Combs |
We paid $5,000 earnest money to the title company after we signed the contract to purchase a house in Eloy. The contract was contingent on us qualifying for financing, and required the seller to pay for a termite inspection report. The seller ordered and paid $75 for a termite inspection report which showed that there were no termites in the house. Because of layoffs where my husband worked, my husband lost his job and we were unable to qualify for financing.
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Purchase/Sale of Real Property
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| 1/12/2008 |
| “Buyer’s Remorse” Due to Declining Real Estate Market |
| By: Christopher A. Combs |
| Last March we signed a contract to purchase a new home in the Thunderbird Park area of North Phoenix. The purchase price was $625,000. The homebuilder is now selling the same home in the subdivision for $585,000 with $50,000 in incentives to the buyer.
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| 3/8/2008 |
| No-Insurance Issue is Reason to Foreclose |
| By: Christopher A. Combs |
I sold my home and took a $100,000 carryback note and deed of trust from the buyer for part of the purchase price. Although the buyer has been making timely payments under this carryback note and deed of trust, the buyer has not furnished evidence of insurance coverage on the home as required in the carryback note and deed of trust.
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| 3/22/2008 |
| Agreement Isn't Binding on Boyfriend |
| By: Christopher A. Combs |
My girlfriend and I have owned our home in Chandler together for the past three years. We have recently been arguing constantly, and we no longer want to live together.
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| 4/12/2008 |
| Real Estate License a Must in Sale of Bar |
| By: Christopher A. Combs |
My brother wants to sell the bar he has owned and operated in North Phoenix for the past nine years. He does not own the building, but owns the furniture, fixtures, and equipment, and the liquor license.
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| 4/26/2008 |
| Lien to Gain Commission is Groundless |
| By: Christopher A. Combs |
I entered into a listing agreement with a real estate broker for the sale of approximately 300 acres of land near Casa Grande. Although the real estate broker did locate a buyer and I signed a contract to sell the land, the buyer and I agreed not to close the transaction because of back taxes owed on the land
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| 5/31/2008 |
| Treble Damages Statute Won't Apply in This Situation |
| By: Christopher A. Combs |
I signed a listing agreement with a real estate broker for the sale of our Flagstaff home for $400,000. The broker produced an offer from a buyer for $400,000, with a $25,000 down payment and $375,000 cash at closing.
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| 8/2/2008 |
| Offer Should List Date & Time for Seller to Accept |
| By: Christopher A. Combs |
A listing broker was holding an open house last Sunday on a house in Paradise Valley. We liked the house, so we sat down in the living room with the listing broker and made an offer to purchase the house. The listing broker said that we should give the sellers three days to accept our offer. On the second day the listing broker called us and said that the sellers had accepted another offer.
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| 8/23/2008 |
| Short Sale Contracts Require Written Approval of Lender |
| By: Christopher A. Combs |
Two months ago I signed a contract to purchase a home in Peoria for $178,000. The amount of the seller’s mortgage was $200,000, so the contract was contingent on the seller’s mortgage lender approving a "short sale," because the seller’s mortgage lender was only going to be receiving $178,000, less closing costs, and would be releasing the mortgage of $200,000.
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Tax & Estate Planning
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| 4/19/2008 |
| Form an LLC to Govern Each Rental Condo |
| By: Christopher A. Combs |
I currently own two rental condominiums in Tempe in my own name. One of the other investors in this condominium project owns four rental condominiums, not in his name, but in the name of an LLC.
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Title/Interests in Property
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| 2/23/2008 |
| Husband Needs Proper Form for Power of Attorney |
| By: Christopher A. Combs |
| My husband is an airman at Luke Air Force Base who is being transferred to Iraq for at least a year. We have our home in Glendale listed for sale, and I am concerned that we will get a good offer to purchase our home while my husband is not available. Our listing broker has suggested that my husband execute a power of attorney giving me the authority to sell the home while my husband is gone.
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| 6/21/2008 |
| In Ten Years Squatters Can Clain House |
| By: Christopher A. Combs |
Our family moved into an abandoned house near Black Canyon City almost six years ago. Since that time we have done all of the maintenance and repairs on this house. After we learned that the former owner of this house had died, we even paid all of the property taxes. Our understanding is that we need to file a quiet title lawsuit to get the title to this house.
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| 7/5/2008 |
| 10-Year Limit to Fix Infringement |
| By: Christopher A. Combs |
We bought a lot in a subdivision in Yuma seven years ago. We have now built a home on this lot, and recently determined that our fence encroaches twelve inches into the adjacent lot which is now vacant. This adjacent vacant lot has now sold. When the owners of this adjacent vacant lot build their home, will we be required to move our fence?
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| 8/9/2008 |
| Verbal Agreement to Devise or Bequeath Property Unenforceable |
| By: Christopher A. Combs |
My mother has lived with her boyfriend for the past eight years in his Globe home. Her boyfriend always promised that she would get the house upon his death. Her boyfriend has now died, and his will provides that his entire estate shall go to his children.
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| 8/30/2008 |
| Can Dirt Road Be Fenced Off? |
| By: Christopher A. Combs |
We have owned forty acres of land for many years in the Lake Pleasant area. A dirt road running over this land has been used by the public as a short cut to Lake Pleasant. The traffic volume on this road is getting higher every year. In addition, we are now thinking about subdividing this forty acres.
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