Question: For over seven months we have had our Glendale home listed with an Arizona real estate agent because we are hoping to move permanently to our summer home in Prescott. Our son would like to live in our home while he attends graduate school at Arizona State University. Our real estate agent has agreed to cancel the listing since we have decided to give our home to our son. Since our real estate agent has put in time trying to sell our home, we want to be fair and pay her $1,000 if she would prepare the deed and other paperwork required to transfer the title to our home to our son. Is it legal to pay our real estate agent the $1,000 to prepare the deed and other paperwork?
Answer: Yes. Prior to the 1960’s only an Arizona Real Estate lawyer was authorized to prepare the deed and other paperwork to transfer real property. In the 1960’s, however, Arizona voters overwhelmingly passed an amendment to the Arizona Constitution authorizing real estate agents to prepare the deed and other paperwork to transfer real property for a client, provided that this paperwork was incidental to the sale or leasing of the real property. Article 26, Arizona Constitution. Although your real estate agent can draft the paperwork, a title company should be used for closing the transaction, including title insurance.