As a Buyer, the information you receive about a property will come from a variety of sources. Among these are public records, a home inspection report, and the Seller's Property Disclosure Statement, in most cases. As a Seller, the information you provide needs to come from you.

The Good.  The Seller's Disclosures Statement says "Sellers are obligated by law to disclose all known material (important) facts about the Property to the Buyer." It is a 7-page document that is one-part checklist, one-part fill in the blanks. Categories covered include Property and Ownership, Building and Safety, Utilities, Environmental Information, and Sewer/Wastewater Treatment. There's also a place for additional explanations and comments. It's pretty extensive and covers items that may not apply to every property.

By signing it, the Seller is certifying they have answered the questions honestly and completely, to the best of their knowledge, as of the date signed. Should the Seller's knowledge change between signing and the closing, they are required to revise it. And this happens. Perhaps they forgot something or received a copy of a Home Inspection from a Buyer who canceled. Anything on a report they did not know about - but now do - must be added to the disclosure statement. 

The Bad.  Things can get missed, forgotten, or overlooked. It can happen, and it is the most compelling reason there is to get a home inspection. A home inspection could reveal a condition the Seller did not disclose - for whatever reason. When the inspection reveals an issue, it is almost always because the Seller was unaware of it. Regardless, the Buyer only learned of it because of the Inspection Report.

Contrary to popular belief, Sellers are "not obligated to disclose if the property has been (1) the site of a natural death, suicide, homicide, or any other crime classified as a felony (2) owned or occupied by a person exposed to HIV, diagnosed as having AIDS, or any other disease not known to be transmitted through common occupancy of real estate, or (3) located in the vicinity of a sex offender."  If they know, they cannot lie but are only obligated to say "by law, I am not required to disclose that information." As a Buyer, if it is important to you, do your research during the inspection period. 

The Unknown.  Disclosures only cover conditions of which the Seller has personal knowledge. If a property is sold by a Bank, Trust, or through a Probate Sale, the entity selling the home is likely to have no first-hand knowledge of conditions that may exist. This situation is common, and the listing will specify that the Buyer must "waive the SPDS." Unfortunately, this is also a common ask with property flippers who SHOULD be required to complete disclosures, as even though they have never occupied the property, as are fully aware of the work that has been done, and have first-hand information about utilities and property conditions. If you are looking at a property where you are required to waive the disclosures, you need to ask WHY. It could be a logical reason, or it could be a red flag.

As a Seller, know that honesty is expected and that you also have rights. But also know that if you forget something, you can revise your disclosures at any time. Revising your disclosures may give the Buyer additional time to consider the inspection period, but that's a small price to pay for compliance. If you don't understand a question, your REALTOR can provide clarification and perhaps an example of when and how that would apply. And if you don't know something, that's ok, too. Just complete the disclosures to the best of your actual knowledge. 

Did you know Arizona Residential Purchase Contracts are As-Is?
Why that's important and what it means if you are the Buyer - or the Seller.

The documents used by REALTORS are updated and revised on a pretty regular basis, and there's quite a lot that goes into the revision process. In February of 2017, the Arizona Association of Realtors (AAR) revised the Residential Purchase Contract in a fairly significant way.

Before 2017, if a property was sold in "as-is" condition, that had to be documented in the Listing Agreement between the Seller and the Broker, specified in the MLS listing, and an "As-Is Addendum" was required to accompany the Purchase Agreement. This process notified all parties that the Seller would make no guarantees or repairs, even to a "Warranted Item." Warranted Items were operational systems required to be working for a sale (unless the property was being sold as-is).  In fact, there was an expression...

"If it flushes or flows, switches or glows, has moving parts or should open or close, it has to be working. Make sure everyone knows".

Sounds simple enough, right? Except there were countless debates and misunderstandings regarding warranted items. And sometimes, questions like "If a built-in espresso machine wasn't working, didn't it have to be? What about a fountain? Sprinkler systems?

So, after much deliberation, the term "warranted item" went away. Now, all properties are sold as-is, and your walk-through inspection before closing declares that any needed repairs that have been requested and agreed-upon have been completed and that the property is in the same general condition as the first time you entered it. 

But, if you are a Buyer using an FHA or VA Mortgage, some systems MUST be in good working order for the property to pass the FHA/VA inspection checklist. These are called Minimum Property Requirements (MPR). Among these are the heater, water heater, and stove. There must be running water from hot and cold taps, and, if the property has air conditioning or a swamp cooler installed, it must be working. There are also a variety of health and safety concerns that must be met that are not relevant to the warranted items discussion. For a full list, click here for FHA guidelines, and here for VA guidelines.

MPRs are also most often (but not always) a reason why a listing may not be eligible to be purchased by an FHA or VA mortgage, and why it may not show up in your MLS search results. Often, I will have a client send me a listing they found online, asking why it didn't come up in their search results because it cannot be purchased with FHA or VA financing.

Not everyone agrees with the decision to remove warranted items from the purchase contract. But one thing everyone does agree on is the recommendation to get a home inspection. Repairs can be negotiated after the inspection period, so if something doesn't work, you can ask the Seller if they are willing to fix it. But know they are not required to. If you don't plan on requesting repairs, a home inspection can help you make an informed decision on whether or not you want to move forward on purchasing a property. Just know that there is nothing that a Seller MUST fix to sell a property. So get an inspection, make no assumptions, and make sure you are aware of the details of your mortgage pre-qualification. And let me know when you're ready to start looking for your next home!

At first glance, it's easy to think that the Home Inspector and the Appraiser do the same job. This is one of the most common conversations I have with new Home Buyers.

While both the Inspector and the Appraiser visit the property on behalf of the Buyer, they are hired by different people for different outcomes. 

When a Seller accepts a Purchase Offer from a Buyer, a 10-Day Inspection Period starts for the Buyer. During those ten days, the Buyer can - and should - have any inspections done that they wish. Typically the start with a Home Inspection. For that, they hire a Home Inspector. The Home Inspector goes through the property and creates a report notating a variety of things from the age and working condition of major systems to general conditions, to recommendations for current and future repairs. This report is delivered to the Buyer and belongs to the Buyer (in AZ, the Seller also gets a copy). The report may even recommend further inspection of an item, like the air conditioner, plumbing, or pool equipment. Regardless, the Home Inspector's report is designed to give the Buyer a good idea about the general condition of the home they are purchasing, without any regard to the value of the home itself. 

Because that's the Appraiser's job. While the appraisal is typically paid for by the Buyer and is performed on behalf of the Buyer, the appraisal is ordered by the Buyer's mortgage Lender.  The Appraiser also goes through the home and may notate if an item is working or not (especially if the Buyer is purchasing with an FHA or VA loan), but they are also looking at the general condition, fixtures, and finishes in the property, in relation to other homes that have sold in the area (Comparable Properties, also called Comps). The Appraiser calculates a report (the appraisal) stating their opinion of whether or not the purchase price of the home is in line with the sales prices of comparable homes in the area. The appraisal report gives reassurance to the Lender that the property is worth at least the same amount of money they are lending to the Buyer to purchase it. This report goes back to the Lender, and may, or may not be shared with the Buyer or the Seller.

Cash Buyers routinely waive their right to an appraisal, and often to a home inspection as well. It is their right to do so, although typically not recommended. However, an appraisal cannot be waived on a home being purchased with financing of any kind, since the Buyer does not have the right to waive the appraisal on behalf of the Lender.

And it's a good idea to start checking out Home Inspectors before you write an offer. That way, once your offer is accepted, you don't waste any time of your 10-day inspection period researching Home Inspection Companies. Need a recommendation? I've seen an inspection or two in my day, and I'm happy to help.

SPRING CLEANING FOR BUYERS

1. Sort out your financials - If you've already prepared your taxes, you probably have everything your Lender will need to get you pre-approved for a mortgage. Get pre-approved, so when we find a home you love, we can move on it quickly! Need a Lender? I have professional, experienced Lenders ready to provide you with excellent products and top-notch service.

2. Sort out your belongings - The truth is, moving boxes are expensive. While you're spring cleaning, make sure to sell or donate items you no longer use or need. There are so many places to advertise items for sale and so many worthy organizations that can do good with your items. If you're also selling a home, check with me before you get rid or any furnishings we might use for staging. Then, once your house sells, you can dispose of them as you wish.

3. Start your search - If you've already been receiving search updates from my website, then you have a good idea of what's available in the area you're searching. If you haven't set up your search, you can do it here https://www.lisarbaker.com/search/advanced_search/. You can set up as many searches as you wish, and also receive Market Reports and an automated valuation estimate for your current home. 

4. Schedule your time - Even if you're a couple of weeks from looking, let me know when you want to get started. I'm happy to get you on my calendar, to make sure we don't miss out on any search time when you're ready.

5. Select your vendors - Once you write an offer on a home, you know you'll want to do a home inspection. Feel free to start looking early for vendors like Home Inspectors and Home Warranty Companies. Having a home inspection company selected in advance will save valuable time during your inspection period! Don't know where to start? Let me know, and I can point you in the direction of experienced and trusted providers.

So let's get started! Wherever you are in your home buying process, it's never too early to start getting educated on what to expect and what you'll need. And I'm here to help you through it. And I'm looking forward to being of service.

Are you having trouble finding a house to rent? Rents are high, and inventory is low. Chances are you could be paying the same amount every month - or less - if you owned that home. Let me put you in touch with a mortgage specialist and get you on the road to home ownership. Get out of the rental race!

Check out these houses that were recently for sale and for rent:

16094 W Winslow Dr. Goodyear, AZ 85338 3+2 1845 sq. ft. Built 2006

For Rent: $1,375/month  

For Sale: $219,999  

If you purchased this home with 3.5% down, with today's FHA rates, your mortgage payment INCLUDING insurance, PMI, and HOA Fee would be $1,360/month

24607 N 38th Ln Glendale, AZ 85310 3+2 1313 sq. ft. Built 1996

For Rent: $1,720/month

For Sale: 269,000

If you purchased this home with 3.5% down, with today's FHA rates, your mortgage payment INCLUDING insurance, PMI, and HOA Fee would be $1,590/month

15739 N 172nd Ln Surprise, AZ 85388 5+3 3166 sq. ft. Built 2005

For Rent: $1,850/month

For Sale: $275,000

If you purchased this home with 3.5% down, with today's FHA rates, your mortgage payment INCLUDING insurance, PMI, and HOA Fee would be $1,674/month

Do you want to move ahead of the pack and into your own home? Just click on the email or the phone icon in the top right corner to get started. And feel free to set up a search to see what's available. Ready, set, GO!