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HOME CONSTRUCTION ARTICLES

Tenancy in Common

Sale of Tenancy in Common Home

By Christopher Combs | December 1, 2019

Question: My next-door neighbor and I wanted to build a “spec” home in Peoria. My next-door neighbor then bought the lot for $100,000, and we took title to the lot as tenants in common. My next-door neighbor did not have good credit, so I took out the construction loan of $300,000 to build the home. The home has been completed with an appraised value of $600,000. If the home sells for $600,000, how will these $600,000 sales proceeds be divided between me and my next-door neighbor? Answer: In order to calculate the division of the $600,000 sales proceeds, you should…

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Damaged stucco

Remedies Against Homebuilder for Defective Stucco

By Christopher Combs | September 1, 2019

Question: Last year we purchased a new home in north Scottsdale. Every time that we get any measurable rain, parts of the stucco on our home loosen and fall. The homebuilder’s contractor has tried unsuccessfully several times to correct the stucco problem. Do we have any rights against the homebuilder? Is there a time period? Answer: First, you can file a complaint with the Registrar of Contractors (“ROC”). You have two years from the completion of the home to file this complaint which costs you nothing. After you file the complaint, the ROC will send an inspector to inspect your…

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Can the Home Builder Keep my Earnest Money?

By Christopher Combs | June 10, 2019

Question: We entered into a contract to purchase a new home in a subdivision in the San Tan area for $300,000. We deposited $30,000 earnest money in escrow. After 45 days while the home was still in the framing stage, my wife decided that she wanted to quit her job and return to school. With only one income we will not be able to afford this new home now, and we want the return of our $30,000 earnest money. Due to strong demand in our subdivision, the homebuilder has just raised the base price for our model home, and the…

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Negligence of Real Estate Agent Requires Testimony of Another Agent

By Christopher Combs | December 21, 2018

Question: After we purchased our Glendale home we hired a landscape architect to design the landscaping for our back yard.  Although my husband and our two sons purchased the materials and did the work, they followed the design drawings of our landscape architect.  The problem is that during heavy rains our master bedroom is flooded because of improper drainage in our back yard.  When we contacted an attorney to file a lawsuit against our landscape architect, the attorney said that he would need at least $1,000.00 to hire another landscape architect to be able to testify as an expert witness…

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My New Home is a Lemon

By Christopher Combs | November 9, 2018

Question: We bought a new home two years ago in West Phoenix in the flight path of Sky Harbor Airport. We have had significant electrical and plumbing problems since the first day that we purchased our new home. Our homebuilder now refuses to do anything, and said that our one-year home builder’s warranty has expired. The inspector from the Registrar of Contractor’s office was very nice, but the mechanical and electrical problems still remain. We have given up on all of the meetings and paperwork! My husband is a painting contractor, and he now wants to paint a large lemon on…

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Earnest Money on New Construction not Unreasonable Damages

By Christopher Combs | October 3, 2018

  Question: We entered into a contract to purchase a new home in a subdivision in the Buckeye area for $300,000. We deposited $30,000 earnest money in escrow. After 45 days while the home was still in the framing stage, my wife decided that she wanted to quit her job and return to school. We will not be able to afford this new home now, and we would like the return of our $30,000 earnest money. Due to strong demand in our subdivision, the homebuilder has just raised the base price of our model home, and should therefore make a large…

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golf ball

Developer Responsibility for Protection from Golf Balls

By Christopher Combs | July 8, 2018

Question: We purchased a home five years ago in a golf community in Mesa. We specifically purchased our home adjacent to a tee box because we did not want any damage from golf balls. The developer is now modifying the golf course and the tee box will be moved so that some balls hooked from the re-designed tee box will end up hitting our roof, windows, or even us! Does the developer have the right to move the tee box? If so can I require the developer to pay for the cost of screening or other protection for our home?…

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Real Estate Blog

Is a Home Builder Liable for Reduced Living Area?

By Christopher Combs | April 9, 2018

Question: We contracted with a builder for the purchase of a new 5,000-square-foot home in North Scottsdale. After we moved into our new home, we discovered that an outside wall of the home was located almost a foot closer than indicated on the plans and specifications. As a result, there are 200 square feet less of living area in the home. The homes are worth over $300 per square foot in our community. Do we have a claim against the builder for $60,000 because of this loss of 200 square feet? Answer: Probably not. The builder of a home is only liable…

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