combs gottlieb macqueen: Chris Combs On Buyer Waiving If Seller Refuses Home Inspection
- 11/30/21 05:46 AM
From the advice of one of our preferred Attorneys, Mr. Chris Combs of Combs, Gottlieb & MacQueen, P.C.: Buyer Can Waive If Seller Refuses Home Inspection Question: We signed a purchase contract with the seller to buy a Glendale home for $450,000, and then deposited $10,000 earnest money with the escrow company. We were very excited, because not only were we having difficulty purchasing any home, this home was probably worth at least $500,000. Three days later our Realtor tried to schedule our 10-day inspection, but the seller’s agent said that the sellers were very unhappy about the $450,000 purchase price, and that … (0 comments)
Question: In a recent column you said that, if the required majority of homeowners, e.g., 51% of the homeowners, vote to amend the Covenants, Conditions, and Restrictions ("CC&Rs") to prohibit short-term rentals, then such restrictions would be enforceable against all homeowners. I understand that when a buyer purchases a home, that buyer must comply with the existing CC&Rs. Any amendment to the CC&Rs, however, should only apply to a buyer who purchases a home … (0 comments)
Question: Our Gilbert community of 60 homes was built by the developer in 1969. We are having problems with a short-term rental in our community. In this short-term rental the tenants are moving in and out almost every day, parking in the wrong areas, and trashing our swimming pool. A group of our neighbors wanted to amend our CC&Rs to prohibit short-term rentals of less than 30 days. We learned, however, that there have never been any CC&Rs for our community. Our understanding now … (0 comments)
Question: We leased our Gilbert home last summer while we were in Europe. One week after we moved back into our home, we got a notice from the HOA of a $150 fine against us because our tenant had been speeding in the community. We contacted the HOA to determine why the tenant was not being fined, and how the fine was calculated. The HOA said that the HOA only had the authority to fine … (0 comments)
Question: We wanted to sell our Glendale home, so we contacted a local real estate agent who “farmed” our neighborhood. This real estate agent came to meet us at our home to sign the listing papers. Our son had left the back gate open, and our dog severely bit the real estate agent’s foot in our front yard. We then drove the real estate agent to the emergency room. We … (2 comments)
Question: In a recent article you had the opportunity to notify readers of the availability and advantages of a beneficiary deed, but you blew it by only adding it as an afterthought. You were addressing property in California and Montana also, which may not have the beneficiary deed option. I urge you to submit a follow-up article on the advantages and costs of a beneficiary deed for owners of real property in Arizona. Answer: Thank … (0 comments)
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