Jun 20
0
contractor-home-renovation-laws

Do Flippers Need a Contractor’s License?

By | legal | No Comments

Yes. Anyone improving a home for sale or lease is required to have a contractors’ license.  A.R.S. § 32-1101(A)(8). However, there is an exception to licensing if the flipper hires a licensed general contractor or licensed subcontractors to do the work. To qualify for the exception the flipper must include the licensed contractors’ names and licensed numbers in all sales documents.  A.R.S. § 32-1121(A)(6). Many flippers fail to include this information in all sales documents making them guilty of a crime.  A.R.S. § 32-1151. Providing the licensed contractor information on the sales documents will not only protect the flipper but also give the buyer direct recourse if the work was not done properly.

*This article has been prepared for general information purposes only and is not legal advice. Legal advice is dependent upon the specific circumstances of each situation and varies from state to state. If you have specific questions about this issue or another legal matter, please contact the Law Office of Aaron Green, PC at 602-525-4659. Mr. Green practices in the areas of real estate, probate, estate planning, general business and bankruptcy.

Nov 14
0
open-house

How Can I Advertise My Open House in Scottsdale?

By | legal | No Comments

As many of you now know, the City of Scottsdale has recently passed new requirements for temporary signs used to advertise an open house. The most important requirements are:

1) Signs must be 6 square feet or less in size and no taller than 3 feet high
2) A maximum of 6 signs can be placed and must be located within ½ mile of the open house
3) Signs are only allowed from 7am to 8pm
4) Signs must be placed on private property and cannot impede sidewalks
5) Signs must be weighted and durable to withstand wind gusts
6) Signs must include a directional arrow that is no less than 6 inches tall and 12 inches wide
7) Signs cannot have any attachments (no balloons, flags, etc.)

Please note that additional requirement may be needed to conform to HOA guidelines. All requirements of temporary signs can be viewed at the City of Scottsdale Zoning Ordinance Section 8.600 available on line.

*This article has been prepared for general information purposes only and is not legal advice. Legal advice is dependent upon the specific circumstances of each situation and varies from state to state. If you have specific questions about this issue or another real estate matter, please contact the Law Office of Aaron Green, PC at 602-525-4659.

Apr 13
0

What?! I Have to Rent to a Criminal?

By | landlord, tenant | No Comments
What? I Have To Rent To a Criminal?
Not exactly but the rental world is about to change. Many property managers have a current policy to deny rental application based solely on the fact that the potential tenant has been convicted of a crime. This policy now violates Federal law which carries a fine of up to $16,000 for a first offense.
On April 4, 2016, the U.S. Department of HUD issued guidance that a landlord cannot deny a rental application based solely on the fact that the tenant was convicted of a crime. HUD considers such a blanket prohibition to be a violation of Federal Fair Housing laws since such a policy has a disparate impact on certain races. Landlords must make a case-by-case decision on potential tenants convicted of a crime based on the nature, severity and recency of the criminal conduct. A landlord should also consider mitigating factors such as the age of the potential tenant when the crime was committed, the facts surrounding the criminal conduct, rental history before and after the crime, and evidence of rehabilitation. The considerations listed above will help a landlord institute a policy that “distinguishes criminal conduct that indicates a demonstrable risk to resident safety and/or property and criminal conduct that does not.” In short, landlords and property managers need to reevaluate their policies to make sure they are compliant with Federal law.
*This article has been prepared for general information purposes only and is not legal advice. Legal advice is dependent upon the specific circumstances of each situation and varies from state to state. If you have specific questions about this issue or another real estate matter, please contact the Law Office of Aaron Green, PC.
Aug 18
0

Does my lender really have 20 years or longer to foreclose?

By | Foreclosure, Lender | No Comments

Yes, according to at least one Arizona judge.  The time a lender has to foreclose, or its statute of limitations, is the same as the timeframe to sue for payment on the loan.  See A.R.S. § 33-816.  This is typically 6 years.  See A.R.S. § 12-548.  However, a little known case held that each payment is a separate default entitled to its own statute of limitations.  See Navy Fed. C.U. v. Jones, 187 Ariz. 493 (App. 1996).  In other words, if a borrower hasn’t made payment on a loan for 10 years, only 4 years of payments are barred by the statute of limitation (those payments 6 years old or older).  Under this argument, the mortgage lender can still sue (or foreclose) on the principal amount and the most previous 6 years of payments due.  The Navy Fed case did not involve a foreclosure and seemed to contradict decades of previous foreclosure cases.  But at least one judge believes it is good law and allowed a lender to foreclose after 9 years of non-payment.

 

 

 

*This article has been prepared for general information purposes only and is not legal advice. Legal advice is dependent upon the specific circumstances of each situation and varies from state to state.  If you have specific questions about this issue or another real estate matter, please contact the Law Office of Aaron Green, PC.