CONDITIONS AFFECTING THE AREA SURROUNDING THE PROPERTY THE BUYER SHOULD INVESTIGATE
Environmental Concerns It is often very difficult to identify environmental hazards. For environmental information, search the Arizona Department of Environmental Quality website. This website contains information regarding the locations of open and closed landfills (Solid Waste Facilities) and wildfire information, as well as air quality information, water quality information and more.
Environmentally Sensitive Land Ordinance: Approximately two-thirds of the City of Scottsdale is affected by the Environmentally Sensitive Land Ordinance (ESLO), which requires some areas on private property be retained in their natural state and designated as National Area Open Space (NAOS).
Electromagnetic Fields Find information on electromagnetic fields, and whether they pose a health risk to you or your family.
Superfund Sites There are numerous sites in Arizona where the soiland groundwater have been contaminated by improperdisposal of contaminants. Check if a property is in anarea designated by the ADEQ as requiring cleanup.
Freeway Constructionand Traffic Conditions Although the existence of a freeway near the property may provide highly desirable access, sometimes it contributes to undesirable noise. To search for roadway construction and planning, go to the Arizona Department of Transportation (“ADOT”) website
Crime Statistics Crime statistics, an imperfect measurement at best,provide some indication of the level of criminalactivity in an area. Check the crime statistics for the city. A visit or phone call to other law enforcement agencies may be required.
Sex Offenders Since June 1996, Arizona has had a registry and community notification program for convicted sex offenders. This information may be accessed at the Arizona Department of Public Safety website. Prior to June 1996, registration was not required, and only the higher-risk sex offenders are on the website. The presence of a sex offender in the vicinity of the property is not a fact that the seller or real estate agent is required to disclose.
Forested Areas Life in a forested area has unique benefits andconcerns. For information on protecting your property fromwildfire, find information on Arizona Fire-wise Communities, Contact county/city fire authority for information on issues particular to your community.
Military and Public Airports The legislature has mandated the identification of areas in the immediate vicinity of military and public airports that are susceptible to a certain level of noise from aircraft. The boundaries of these areas have been plotted on maps that are useful in determining if a property falls within one of these areas. The maps for military airports may be accessed at the Arizona Department of Real Estate (“ADRE”) website. These maps are intended to show the areas subject to the preponderance of airport-related noise from a given airport. Periodic over-flights that may contribute to noise cannot usually be determined from these maps.
Zoning/Planning/Neighborhood Services Concerns about zoning, planning, and neighborhood services should be addressed to the city or county which has jurisdiction over the property.
SchoolsAlthough there is no substitute for an on-sitevisit to the school to talk with principals and teachers, thereis a significant amount of information about Arizona’sschools on the Internet. The ADRE advises: “Call the school districtserving the subdivision to determine whether nearby schools are accepting new students. Some school districts, especially in the northwest part of the greater Phoenix area, have placed a cap on enrollment. You may find that your children cannot attend the school nearest you and may even be transported to another community.”
City Profile Report Information on demographics, finances andother factors drawn from an array of sources, such as U.S.Census Bureau, Bureau of Labor, Internal Revenue Service, Federal Bureau of Investigation, and the National Oceanic and Atmospheric Administration. Talk to the Neighbors Neighbors can provide a wealth of information. Buyersshould always talk to the surrounding residents about theneighborhood and the history of the property the buyer is considering for purchase. Drive around the Neighborhood Buyers should always drive around the neighborhood,preferably on different days at several different times ofthe day and evening, to investigate the surrounding area.
MARKET CONDITIONS ADVISORY The real estate market is cyclical and real estate values goup and down. The financial market also changes, affectingthe terms on which a lender will agree to loan money onreal property. It is impossible to accurately predict whatthe real estate or financial market conditions will be at anygiven time.The ultimate decision on the price a Buyer is willing to payand the price a Seller is willing to accept for a specificproperty rests solely with the individual Buyer or Seller. The parties to a real estate transaction must decide on what price and terms they are willing to buy or sell in light of market conditions, their own financial resources and their own unique circumstances. The parties must, upon careful deliberation, decide how much risk they are willing to assume in a transaction. Any waiver of contingencies, rights or warranties in the Contract may have adverse consequences. Buyer and Seller acknowledge that they understand these risks.Buyer and Seller assume all responsibility should the return on investment, tax consequences, credit effects, or financing terms not meet their expectations. The parties understand and agree that the Broker(s) do not provide advice on property as an investment. Broker(s) are not qualified to provide financial, legal, or tax advice regarding a real estate transaction. Therefore, Broker(s) make no representation regarding the above items. Buyer and Seller are advised to obtainprofessional tax and legal advice regarding the advisability of entering into this transaction.
FAIR HOUSING AND DISABILITY LAWS The Fair Housing Act prohibits discrimination in the sale, rental, and financing of dwellings based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). Visit HUD’s Fair Housing/Equal Opportunity website. For information on the Americans with Disabilities Act.
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