AZ Real Estate Timelines Flashcards
Eminent Domain: “Right” to Take Private Property for Public Use with Just Compensation.
Before Court Action: Owner is Given ___ Days Prior to Pending Litigation. This will include:
- Written - “Just Compensation” Offer
- Appraisal (Supporting Compensation)
Eminent Domain: “Right” to Take Private Property for Public Use with Just Compensation.
Before Court Action: Owner is given 20 Days Prior to Pending LItigation. This will include:
- Written - “Just Compensation” Offer
- Appraisal (Supporting Compensation)
Chap 1
Escheat: Reversion of Property to State Due to Owner Dying without “Will (Intestate).”
Heirs have ____ Years to Claim Proceeds of Sale.
Escheat: Reversion of Property to State Due to Owner Dying without “Will (Intestate).”
Heirs have 7 Years to Claim Proceeds of Sale.
Chap 1
Priority of Liens:
- PT
- SpA
- M
- HA
Priority of Liens:
- Property Taxes
- Special Assessments
- Mechanic’s Lien
- HOA Assessments
Chap 2
Triangles Formula:
Triangles Formula:
A = (.5 base) x Height
Chap 2
Clients Duties to Agent:
- C
- Ind
- Per
Clients Duties to Agent:
- Compensation
- Indemnification
- Performance
Chap 3
Agency Termination:
- Per
- Mut
- Exp
- Rev
- Des
- B
- D
Agency Termination (7 Ways)
- Performance
- Mutual Agreement
- Expiration of Term
- Revocation
- Destruction of Property
- Bankruptcy
- Death
Chap 3
Math Main Formula?
Math Main Formula is
- Part
- Whole x %
- Part Whole__%
- Comm Price Rate
- Income Value Rate
- Int Amt Prin Rate
- Loan Value Ratio
Chap 5
Home Inspectors License by?
AZ State Board of T_________ R_______
Home Inpectors License by:
AZ State Board of Technical Registration
Chap 4
New Homes Sales Don’t Have Escrows, so Where is “Earnest Money” Deposited?
New Homes Sales “Earnest Money” Deposits In:
Home Builders Business Account
Chap 5
Loan with “Principle Payments Only” are called?
Negative Amortization Loans -
Loan with “Principle Payments Only”
Chap 6
R______ _______ _________
Loan where “Lender Pays Borower” Payments is called?
Reverse Annuity Mortgage (RAM) -
Loan where “Lender Pays Borower” Payments
Chap 6
Borrower Not Held Responsible for What Type of Loan?
Non-Recourse Loan -
Borrower Not Held Responsible for Loan.
Chap 6
N____ ________ Clause
Clause Where Lender Agrees “Not” to Terminate Leases with Tenants During Foreclosure.
Non-Disturbance Clause:
Lender Agrees “Not” to Terminate Leases with Tenants During Foreclosure
Chap 6
P______G_______ Clause
Clause Where a LLC or Corporation Indicates “Person Held Personally Responsible and Liable?”
Personal Guarantee Clause -
Clause where a LLC or Corporation indicates “Person Held Personally Responsible and Liable.”
Chap 6
Formula Used for Interest?
Formual Used to Determine Interest -
- Interest
- Principal x Rate
Chap 7
For VA Loans What is LTV?
LTV for VA Loans Is -
100% (Unless Price Exceeds Appraisal)
Chap 7
Who Buys Loans 2nd Market?
Buys Loans in 2nd Market -
- Commercial Banks & Credit Unions
- Insurance Companies
- Fannie Mae (Fed Nat Mortgage Association)
Chap 7
Who “Sells Loans” in 2nd Market?
Sells Loans in 2nd Market -
- Mortgage Brokers/Bankers
- Fannie Mae (Fed Nat Mortgage Association)
Chap 7
Truth in Lending Triggers?
Triggers in Truth In Lending -
- Down, No, Amt, Period of Payments
- Finance Charges
Chap 8
Loan Estimates are Due __ Days of Loan Application.
Loan Estimates are Due 3 Days of Loan Application. (RESPA)
Chap 8
TRID Closing Disclosures are Due __ Days Prior to Closing.
TRID Closing Disclosures are Due 3 days Prior to Closing. (RESPA)
Chap 8
Fair Housing Act Complaints Must be Filed Within __ Year.
Fair Housing Act Complaints Must be Filed Within 1 Year.
Chap 8
ECOA - Equal Credit Opportunity Act - Prohibits Discrimination Based On:
Race, Color, Nat Origin, Religion, Sex - (3 More Classes?)
Hint: Revoking Credit Never Really Sounds - Morally Allowed or Publically Accepted
ECOA - Equal Credit Opportunity Act - Prohibits Discrimination Based On:
Race, Color, Nat Origin, Religion, Sex - Marital, Age, Public Assistance.
Hint: Revoking Credit Never Really Sounds - Morally Allowed or Publically Accepted
Chap 8
RESPA Only Does What Type of Loans?
RESPA Only Does Loans For -
“Federal Loans” (FHA, VA, USDA)
Chap 8
Cost Approach Formula is?
Cost Approach Formula
- Building Cost
- - Depreciation
- + Land Value\_
- Appraised Value
Chap 8
Income Approach/Capitalization Formula?
Income Approach/Capitalization
- Gross Income (Annual)
- - Operating Expenses
- Net Operatng Income
- Net Oper Income (Year)
- Value x Cap Rate
Chap 10
Gross Rent Multiplier Formula?
Gross Rent Multiplier Formula
- Value (SP)
- GR (Mo) x GRM
Chap 10
Appraser for 1-4 Residential - Under 1 Million.
Licensed Appraser -
1-4 Residential - under 1 million.
Chap 10
Appraiser for Residential (All 1-4 Res Units/Any Amount)
Certifiied Residential Appraiser -
Residential (All Types 1-4 Res Units -Any Amount)
Chap 10
Appraiser for All Types of Property?
Certified General Appraiser -
All Types of Property
Chap 10
Lead Base Paint Bldg (Pre-1978) - Must Provide Buyers With What 3 items?
Lead Base Paint Bldg (Pre-1978) - Must Provide Buyers -
- Reports
- Pamphlet
- 10 days+ Inspection
Chap 10
Investigating if Hazardous or Pollution Exists is called?
Due Dilllegence -
Investigating Property if Hazardous or Pollution Exists
Chap 10
Inspecting Property, Reviewing Records, Interviewing Owners
Part of What Phase of Environment Assessments?
Phase I Assessment -
Inspecting Property, Reviewing Records, Interviewing Owners
Chap 10
When There is Likelihood of Contamination, Samples are Taken and Analyzed
Part of What Phase in the Environmental Assessments?
Phase II Assessment:
Likelihood of Contamination, Samples Are Taken and Analyzed
Chap 10
When Core Samples Taken and Actual Clean-Up Done is What Part of the Environmental Assessments?
Phase III Assessments -
Core Samples Taken and Actual Clean-Up Done
Chap 10
Causes Respitory Diseases by Airbourne Fibers, and “Encapsulation” Used to Contain
Asbestos -
Causes Respitory Diseases by Airbourne Fibers, and “Encapsulation” Used to Contain.
Chap 10
Causes Lung Cancer, Tasteless, Ordorless, and Radioactive Gas
Radon -
Causes Lung Cancer, Tasteless, Ordorless, and Radioactive Gas.
Cahp 10
For Onsite Wastewater Facilities for Sale, Seller Has ___ Months to Inspect, Pump, Clean, and Certify - Before Transfer
For Onsite Wastewater Facilities for Sale, Seller Has 6 Months to Inspect, Pump, Clean, and Certify- Before Transfer
Chap 10
For Purchase of Property with Onsite Wastewater Facilities,
Upon Purchase, Buyer has ___ Days “Notice of Transfer” to the ADEQ - AZ Dept of Environmental Quality.
For Purchase of Property with Onsite Wastewater Facilities:
Upon Purchase, Buyer has 15 Days “Notice of Transfer” to the ADEQ - AZ Dept of Environmental Quality.
Chap 10
Interest That Will be Acquired In The Future by Someone Other Than Grantor is called?
Remainder Interest -
Interest That Will be Acquired In The Future by Someone Other Than Grantor.
Chap 11
Lease where Lessor Pays All Expenses
Gross Lease -
Lease where Lessor Pays All Expenses
Chap 11
- Lease where “Tenant” Pays All Expenses (RE Taxes/Insurance).
- Lessor Pays PI (Principal/Interest) Payments
Net Lease (Net Net Net Lease/Triple Net Lease) -
- Lease where “Tenant” Pays All Expenses (RE Taxes/Insurance).
- Lessor Pays PI (Principal/Interest) Payments
Chap 11
Fees Charges to Commercial Tenants (Park Lots, Walkways, Lighting) are called?
CAM’s - Common Area Maintenance Charges -
Fees Charges to Commercial Tenants (Park Lots, Walkways, Lighting)
Chap 11
During a “Foreclosure of a Mortgage” Where There Are Leases Involved, the Tenants are Protected Under What Act?
- Tenants Given 90 Days to Vacate OR
- Lease is Honored.
Protecting Tenants at Foreclosure Act (Leases Involved) -
- Tenants Given 90 Days to Vacate OR
- Lease is Honored.
Chap 11
What Term is Used to Represent “Tenant’s Personal Property.” Personal Property Must be Removed by End of Lease.
Examples (Drapes, Partitions, and Machinery).
Trade Fixtures -
Considered “Tenant’s Personal Property,” Tenants Must Remove by Termination of Lease or They Belong to Lessor.
Chap 11
When Decedent’s Estate is Probated What is This Called?
Inheritance -
Decedent’s Estate is Probated
Chap 12
What is Testate vs Intestate?
Testate (Has Will) and Intestate (No Will).
Chap 12
What are 3 Types of “Involuntary Alienation?”
- E_______
- A_______
- F_______
Involuntary Alienation -
- Eminent Domain
- Adverse Possession
- Foreclosure Proceedings
Chap 12
Voluntary Alienation Can Be Done By?
Voluntary Alienation Can Be Done By Gift or Deed.
Chap 12
Legal Action to Terminate For:
Tenancy in Common or Joint Tenancy
Suit for Partition -
Legal Action to Terminate: Tenancy in Common or Joint Tenancy
Chap 12
Ownership by One Person is called?
Tenancy in Severalty (Sole & Separate) -
Ownership by One Person, and Given To Heirs by Probate.
Chap 12
A Company With At Least ___ Investors of Income Producing Properties and Provides Favored Tax Treatments.
- Must Invest - __% of Assets in Real Estate.
- Must Pay - __% Taxable Income to Shareholders.
REIT - RE Investment Trust -
A Company With At Least 100 Investors of Income Producing Properties and Provides Favored Tax Treatments.
- Must Invest - 75 % of Assets in Real Estate.
- Must Pay - 90 % Taxable Income to Shareholders.
Chap 12
Interests that are Enforced by (Feds) Securities & Exchange Commissions and (State) AZ Corp Commission
Securities Interest -
(Feds) Securities & Exchange Commissions and (State) AZ Corp Commission
Chap 12
Conveys Grantor’s Interest But Has “No Expressed Warranties.”
Examples**: **Guardian Deeds, Executor’s Deeds, Sheriff’s Deeds, Trustee Deeds.
Bargain and Sale Deed -
Conveys Grantor’s Interest But Has “No Expressed Warranties.
Examples**: **Guardian Deeds, Executor’s Deeds, Sheriff’s Deeds, Trustee Deeds,
Chap 13
- Transfer Under this Type of Deed Supercedes the Grantor’s Will.
- If Grantor Agreed to Sell Property, At Death, the Contract to Sell Remains Valid and Enforceable.
Benneficiary Deed -
- Transfer Under this Type of Deed Supercedes the Grantor’s Will.
- If Grantor Agreed to Sell Property, At Death, the Contract to Sell Remains Valid and Enforceable.
Chap 13
A Valid Deed Requires?
Valid Deed Requires:
- Signature by Grantor
- Acknowledgement - Formal Declaration (Notarizef)
- Delivery & Acceptance (Recorded)
Chap 13
Must Be Recorded with Deed, Gives Assessor Sales Price.
Affdavit of Value -
- Must be Recorded with Deed,
- Gives Assessor Sales Price.
Chap 13
Clause that Defines Interest.
Habendum Clause -
Clause that Defines Interest.
Chap 13
Not Covered by Owners Title Report (Page Called?)
- Existing Liens/Encumbrances (Never Covered)
- Mechanic Lien Not Recorded
- Persons In Possession
- Encroachments: Survey Revealed Errors
Page of Exception (Schedule B) -
- Existing Liens/Encumbrances (Never Covered)
- Mechanic Lien Not Recorded
- Persons In Possession
- Encroachments: Survey Revealed Errors
Chap 13
No Policy Protects Against? (3 THINGS)
- E_____
- D______ Known
- Z_____ Changes & Ordinances
No Policy Protects Against -
- Existing Encumbrances
- Known Defects
- Zoning Changes & Ordinances
Chap 13
Deals with Commercial/Business Transactions and Sale/Finance of Personal Property.
UCC - Uniform Commercial Code -
Deals with Commercial/Business Transactions and Sale/Finance of Personal Property.
Chap 13
What Protects Buyer Against
- Forged/Improperly Drawn Delivered/Misfiled Docs
- Incompetent Grantors
- One Spouse Conveyance
- Uknown Heirs
Owner’s Title Policy - (Protects Buyer)
- Forged/Improperly Drawn Delivered/Misfiled Docs
- Incompetent Grantors
- One Spouse Conveyance
- Uknown Heirs
Chap 13
Commitment for Title Insurance is Also Known as
Preliminary Title Report (Issued Prior to Closing)
Commitment for Title Insurance
Chap 13
List of Seller’s Creditors is called
Bulk Sales Affidavit -
List of Seller’s Creditors
Chap 13
Buyers Charges Only (Debits or Credits?):
- ______: Earnest Money, New Loans
- ______: Loan Orig Fee, ALTA Policy
Buyers Charges Only
- Credits: Earnest Money, New Loans
- Debits: Loan Orig Fee, ALTA Policy
Chap 14
Seller Charges Only (Debit or Credits):
- _____: Loan Pay-Off; Owner Policy; Commission
Seller Charges Only -
- Debits: Loan Pay-Off; Owner Policy; Commission
Chap 14
Settlement Statement Charges - Debits / Credits?
- Sales Price?
- Seller Carrybacks; Tax Prorations?
- Escrow Fees?
Settlement Statement Charges -
- Credit Seller / Debit Buyer:
- Sales Price
- Debit Seller / Credit Buyers:
- Seller Carrybacks; Tax Prorations
- Debit Seller and Buyers
- Escrow Fees
Chap 14
Formula for what?
- Gross Sched Income (Rents+Economy Rents)
- - Vacancy & Credit Losses
- Effective Gross Income
- - Operating Expenses (Yr)
- Net Operating Income (NOI)
- - Debt Services (Principal/Interest)
- Your Answer is?????????
Cash Flow Before Income Taxes -
- Gross Sched Income (Rents+Economy Rents)
- - Vacancy & Credit Losses
- Effective Gross Income
- - Operating Expenses (Yr)
- Net Operating Income (NOI)
- - Debt Services (Principal/Intererst)
- Cash Flow Before Income Taxes
Chap 14
Capital Gains -
- Short and Long Term?
- Maximum Exclusions (Single/Married) ?
Capital Gains - Short and Long Term -
- Short - Asset - held less than 1 year
- Long - Asset - held over 1 year
- Single - Upto $250K (Own-Occ 2 yrs b4 sale)
- Married - Upto $500K (Own-Occ 2 yrs b4 sale)
Chap 14
RES Tax Deductions (Own-Occ 1st/2nd Res) -
- Real Prop Taxes: ___ Max
- Interest on Purchase/Improve Loans ___ Max
RES Tax Deductions (Own-Occ 1st/2nd Res) -
- Real Prop Taxes: $10K Max
- Interest on Purchase/Improve Loans: $750K Max
Chap 14
Investment Property Tax Deductions (3 items?)
Investment Properties Tax Deductions -
- Operating Expenses
- Interest on Loans
- Depreciation (Cost Recovery)
Chap 14
Tax Deductions for Investment Properties -
Depreciation (Cost Recovery) - 3 Types+
- __ Yrs - Residential Income
- __ Yrs - Non-Residential Property
- _______ - Same Amt Per Year.
- Note: Land/Personal Res: No Depreciation
Tax Deductions for Investment Properties -
Depreciation (Cost Recovery) -
- 27.5 yrs - Residential Income
- 39 yrs - Non-Residential Property
- Straight Line - Same Amt Per Year.
- Note: Land/Personal Res: No Depreciation
Chap 14
FIRPTA: ___% Holdback on Property Sale for Non-Resident Aliens.
FIRPTA: 15 % Holdback on Property Sale for Non-Resident Aliens.
Chap 14
1031 Exchanges:
Income or Investment Properties Exchange?
1031 Exchanges:
Like Kind - Income or Investment Properties Exchange
Chap 14
1031 Exchanges:
One Property Traded for Another
1031 Exchanges:
Simultaneous Exchange - One Property Traded for Another.
Chap 14
1031 Exchanges:
New Property Acquired in Specific Time Frame.
1031 Exchanges:
Delayed Exchange - New Property Acquired in Specific Time Frame
Chap 14
1031 Exchanges:
Unlike Kind Properties Exchanged.
1031 Exchanges:
Boot - Unlike Kind Properties Exchanged.
Chap 14
Income From an Entity (LLC) That Is “Not Taxed” At Entity Level But “Passes Through” To Individual Level.
Pass Through Income -
Income From an Entity (LLC) That Is “Not Taxed” At Entity Level But “Passes Through” To Individual Level.
Chap 14
Real Estate Commissioner is Appointed by Governor, Must Have
- __ Yrs Admin Experience
- __ Yrs Real Estate Exp or Related.
- Give Up ___________
Real Estate Commissioner is Appointed by Governor, and Must Have
- 3 Yrs Admin Experience
- 5 Yrs Real Estate Experience or Related.
- Give Up Real Estate License
Chap 15
Commissioners Duties:
P_____ Commissioner’s Rules Through Public Process
A_____ Agents Books and Records
M_____ Hire/Fire ADRE Employees
I______ Agent Complaints - From Customers (Supoena)
Commissioners Duties:
Pulmugate: Commissioner’s Rules Through Public Process
Audit: Agents Books and Records
Manage: Hire/Fire ADRE Employees
Investigate: Agent Complaints - From Customers (Supoena)
Chap 15
Real Estate Advisory Board:
- __ Brokers
- __ Subdividers
- __ Residential
- __ Multi-Fam
- __ Public
Real Estate Advisory Board:
- 2 Brokers
- 2 Subdividers
- 2 Residential
- 1 Multi-Fam
- 3 Public Members
Chap 15
Real Estate Broker
Experience: __ Years in past 5 years
School: __Hrs School/State Exam and Broker Mgmt Clinics
Real Estate Broker
Experience**: **3 Years in (Past 5 Years)
School**: **90 Hrs School/State Exam and Broker Mgmt Clinics
Chap 15
What Type of Entities May Brokers and Agents Have Their License Held/Issued Under?
Brokers and Agents May Have Their License Held/Issued To:
- PLLC - Professional Ltd Liability Company
- PC - Professional Corporation
Chap 15
Licensees May be Employed to Broker, But Also Employed To?
Licensees May be Employed to Broker, But Also Employed To:
- Cemetery Broker
- Camping Broker
Chap 15
If License is Expired What Happens?
If License is Expired (Last Day of Month Activated):
- 12 Months Grace Period
- Penalties
- May Not Practice Real Estate
Chap 15
Manager/Leasing Agent May Receive “Performance Bonuses,” But What Are Requirements?
Manager/Leasing Agent May Receive “Performance Bonuses.”
Requirements:
- 1 x Per Month
- May Not Exceed 1/2 of Regular Compensation
Chap 15
Agent/Associate Brokers - Continued Education Requirements?
Agent/Associate Brokers - Continued Education Requirements:
24 hours Every 2 years
Chap 15
Designated Broker, Self-Employed Brokers, Delegated Associate Brokers - Continued Ed Requirements?
Designated Broker, Self-Employed Brokers, Delegated Associate Brokers - Continued Ed Requirements
- 30 hours every 2 years
- 3 Clinics
Chap 15
If Broker Dies, “Temporary Broker’s License”
- May Be Issued for How Long?
- To Whom?
Broker Dies, “Temporary Broker’s License” May Be
- May be Issued for: 90 Days
- To: Surviving Spouse; Next of Kin; Executor (Personal Assistant)
Chap 15
Concerning Trust Funds:
Client Ledger is Reconciled How Often?
Concerning Trust Funds:
Client Ledger is Reconciled
- Monthly
Chap 15
Trust Fund - Interest Earned is “Removed” How Often?
Trust Fund - Interest Earned is “Removed”
- Removed - Once a Year
Cha 15
If a Broker Adds Trust Fund Deposits to Create a Balance of $3000 and Must Be Kept At That Amount to Avoid Charges or Insufficient Funds, Is This Considered Commingling?
Not Considered Commimgling
Brokers Can Add Trust Fund Deposits and Its Not Considered “Commingling” If They Do Not Exceed $3000.
Chap 15
Broker Must Keep All Transactions For How Long From the Closing/Termination Date?
Broker Must Keep All Transactions For How Long From the Closing/Termination Date (And Binding Contracts - Rejected Offers)
- 5 years
Chap 15
Brokers Must Keep “Rejected Offers” That Are “Not From” Binding Contracts for How Long?
Brokers Must Keep “Rejected Offers” That Are “Not From” Binding Contracts For:
- 1 year
Chap 15
If An Agent is in Violation of “Act, Practice or Transaction,” Required by Statute or Commissioner’s Rules, the Commissioner May Order?
If An Agent is in Violation of “Act, Practice or Transaction,” Required by Statute or Commissioner’s Rules, the Commissioner May Order:
- Cease and Desist Order
Chap 15
Out of State Brokers must obtain what from In State Broker?
Out of State Brokers must obtain what from In State Broker?
- Written Cooperation Agreement
Chap 15
For Real Estate Recovery Fund -
- Lawsuit Must be Filed Within ___ Years
- Commissioner Notified Within __ of Action.
For Real Estate Recovery Fund -
- Lawsuit - Must Be Filed Within: 5 years
- Commissioner Notified - Within 45 days of action.
- Pertains to: Licensed Required Acts and Acting as a Principal in Purchase.
Chap 15
Recovery Fund - Maximum of Liability:
- Per Cause: $_______
- Per Licensee: $_______
Recovery Fund - Maximum of Liability:
- Per Cause: $30,000
- Per Licensee: $90,000
Chap 15
Recovery Fund Fees are:
Originating License:
- Broker Pays $20
- Agent Pays $10
Renew License (Dips below $600K on June 30th):
- Broker Pays $
- Agent Pays $
Recovery Fund Fees are:
Originating License:
- Broker Pays $20
- Agent Pays $10
Renew License (Dips below $600K on June 30th):
- Broker Pays $20
- Agent Pays $10
Chap 15
Public Report “Buyer Signed Receipt” - Kept by Subdivider for How Long?
Public Report “Buyer Signed Receipt” - Kept by Subdivider For:
- 5 years
Chap 15
Public Report Exemptions (4)
- 1 Buyer Bulk Sale/Lease of: ____
- Sale/Lease of: How Many Acres+
- Zoned Property: Type:_______ ________
- Existing Report for 5 years is called: ____
Public Report Exemptions (4)
- 1 Buyer Bulk Sale/Lease of: 6+Lots
- Sale/Lease of: 160 Acres+
- Zoned Property: Commercial/Industrial
- Existing Report for 5 years called: Subsequent Owner Exemption
Chap 16
Lot Reservations:
- Maximum Deposit:$______
- Seller Deliver Public Rpt In: __ Calendar Days
- Byr Receipt of Report - Cancel In: __ Bus Days (Unless Purchase Contract Signed)
Lot Reservations:
- Maximum Deposit: $5000
- Seller Deliver Public Rpt In: 15 Calendar Days
- Byr Receipt of Report - Cancel In: 7 Bus Days (Unless Purchase Contract Signed)
Chap 16
Unimproved Lots:
- Buyer Unilateral Right to Recind: __ Calendar Days
- Uninspected - Byr Recind: __ Months to Inspect or Recind
Unimproved Lots:
- Buyer Unilateral Right to Recind: 7 Calendar Days
- Uninspected - Byr Recind: 6 Months to Inspect or Recind
Chap 16
Property Divided - 6 or More Lots (Sale/Lease), - 36-159 Acres Each are Called?
Unsubdivided Lands
Property Divided into 6 or More Lots For Sale/Lease - 36-159 Acres Each
Chap 16
Unincorporated Areas of County Requires Disclosure Doc?
Af_______ of Disclosure Items (Record with Deed) -
- W____ Avail, Sewer/Septic, Legal Access,
- No A_______ Required
- Deliver to Buyer: __ Days Prior to Close
- Buyer Recind: __ Days
Unincorporated Areas of County Requires:
Affidavit of Disclosure Items (Record with Deed)
- Water Avail, Sewer/Septic, Legal Access
- No Appraisal Required
- Deliver to Buyer: 7 Days Prior to Close
- Buyer Recind: 5 Days
Chap 16
Amended Reports are Issued for Material Changes as per Commissioner.
- Buyer Received Report: __ Days to Recind.
Amended Reports are Issued for Material Changes as per Commissioner.
- Buyer Received Report: 10 days to Recind.
Chap 16
Timeshare (12 or More Sold) - Public Reports Required
- Buyer May Recind: Purchase __ Days Without Cause
- Public Report Application - Contains:
- Owner/Developer - Name/Address
- Land - Legal Descript and Location
- Timeshare Program - Comprehensive Stmt
- Impovements Install - Stmt of Assurance
Timeshare (12 or More Sold) - Public Reports Required
- Public Report Application - Contains:
- Owner/Developer - Name/Address
- Land - Legal Descript and Location
- Timeshare Program - Comprehensive Stmt
- Impovements Install - Stmt of Assurance
- Buyer May Recind: Purchase 7 Days Without Cause.
Chap 16
Timeshare with No “Public Report”
- Legal Action to Void - Within __ Years
Timeshare with No “Public Report”
-
Legal Action to Void -
- Must Be Done Within 3 years
Chap 16
Licensed Documents Required (4 Items)?
- L_______ Disclosure Q_____
- F__________
- S_____ S_____ C____
- Filing of B_____ and R______ A______
Licensed Documents Required:
- License Disclosure Questionaire
- Fingerprints
- Social Security Card
- Filing of Businesss and Residence Address
Chap 16
All Advertising Must Include
- Name of?
- What should appear at top of every Web Page?
All Advertising Must Include:
- Name of Employing Broker
- Top of Every Web Page: Employing Broker
Chap 16
In Arizona If a Property is Located In The Vicinity of Certain Areas, Must Be Disclosed, Such As
- (3) Places?
In Arizona If a Property is Located In The Vicinity of Certain Areas, Must Be Disclosed, Such As
- Public/Private Airport
- Military Airport/Ancillary Military Facility
- Military Training Route
Chap 16
Agent with “Prospective Interest or Conflict” Shall Disclose:
- Licensee Acting as?
- Purchaser/Seller Member of Agent’s?
- Purchaser/Seller is Employing ____?
- Agent/Agent Fam Member has __ Interest?
Agent with “Prospective Interest or Conflict” Shall Disclose:
- Licensee Acting as Principal
- Purchaser/Seller Member of Agent’s Family
- Purchaser/Seller is Employing Broker
- Agent/Agent Fam Member has Financial Interest
Chap 16
Property Negotiations Must Be Done Through Employing Broker Unless:
- Principal W_____
- No Agent of Employing Broker Available Within a Total of __ Hours
Property Negotiations Must Be Done Through Employing Broker
Unless:
- Principal Waives
- No Agent of Employing Broker Available Within a Total of 24 hours
Chap 16
Broker Control and Supervision -
Establish/Enforce:
- W______ Policies
- R____
- Pr_____ Systems
Broker Control and Supervision -
Establish/Enforce:
- Written Policies
- Rules
- Procedure Systems
Chap 16
Mortgage Pay-Off Statement Is Called?
Satisfaction of Mortgage -
Known As Mortgage Pay-Off Statement
- Lender Delivers in 30 days.
Chap 17
Mortgage Default (Judicial) - Five Steps. What are they?
-
Borrowers Redemption Period Called?
- E____ of R______ Period
-
Lawsuit Filed is Called?
- L______ P______
-
Next Step?
- C_____ A_____
-
What is Sale Called and Highest Bidder Given?
- S______ S______ and
- S_______ C______ of S______
-
Redemption Period - How Long?
- ____ Months
-
After Redemption Period, What is Received?
- S______ D______
Mortgage Default (Judicial) - Five Steps Are:
- Equity of Redemption Period:
- Lis Pendens - Lawsuit Filed/Recorded
- Court Action - Next Step
- Sheriff’s Sale - Sheriff’s Certificate of Sale (Bidder)
- After Sale - Waiting Period……
- Statutory Redemption Period - 6 months
- No Redemption - Sheriff’s Deed issued
Chap 17
Trust Deed Pay-Off Statement is Called What and What Document is Used?
Deed of Reconveyance -
Trust Deed Pay-Off Statement or Defeasance Payoff
- Beneficiary tells Trustee to Send (30dys)
Chap 17
Trust Deed Default (8 Steps) -
- Benificiary - I______ Trustee to F_____ Sale
- Notice of Default & Trustee Sale - R______
- Trustee Sends Notice - T_______/2nd Lien Holder (Recorded - Req for Notice)
- Trustor’s Right of Reinstatement - __ Days
- Trustee’s Sale - H____
- Trustee’s Deed - Issued to H_____ Bidder
- *****No Redemption - After Sale!!!*****
- Deficiency Judgements - Prohibited 2 1/2 acres or less (SFR/2 units)
Trust Deed Default (8 Steps) -
- Benificiary - Instructs Trustee to Force Sale
- Notice of Default & Trustee Sale - Recorded
- Trustee Sends Notice - Trustor/2nd Lien Holder (Recorded - Req for Notice gets)
- Trustor’s Right of Reinstatement - 90 Days
- **Trustee’s Sale - Held
- Trustee’s Deed - Issued to Highest Bidder
- *****No Redemption - After Sale!!!*****
- Deficiency Judgements - Prohibited 2 1/2 acres or less (SFR/2 units)
Chap 17
Deficiency Judgments
Prohibited - For What Types of Property?
Deficiency Judgments -
Prohibited For
SFR/ 2 Units - 2 1/2 Acres or less
Chap 17
Agreement for Sale Is Also Called (4 Names)?
Agreement for Sale Is Also Called
- Contract for Sale of Real Estate
- Land Contract
- Contract for Deed
- Vendor’s Lien
Chap 17
In a Agreement for Sale/Land Contract/Contract for Deed/Vendor’s Lien
- Type of Action Used?
- What are Seller and Buyer Called?
Agreement for Sale/Land Contract/Contract for Deed/Vendor’s Lien
- Forfeiture - Type of Action
- Seller is Vendor and Buyer** _is Vende_e**
Chap 17
Forfeiture Action - What Are Grace Periods
- 19% or less - __ days
- 20-29% - __ days
- 30-49% - __ days
- 50% + - __ days
Forfeiture Action - Grace Periods
- 19% or less - 30 days
- 20-29% - 60 days
- 30-49% - 90 days
- 50% + - 9 months
- Hint: Double, Triple, Baby……30-60-90-Baby
Chap 17
In a Foreclosure, How Do Bankruptcies Effect This Process?
In a Foreclosure
Bankruptcies Stop Them.
Chap 17
When a Borrower Gives Property to Lender Who Cancels Debt. What Is This Called?
Deed in Lieu of Foreclosure:
When a Borrower Give Property to Lender Who Cancels Debt.
Chap 17
Arrangement Between Borrower and Lender To “Delay” Foreclosure Is Called?
Forbearance -
Arrangement Between Borrower and Lender To “Delay” Foreclosure
Chap 17
Sale Where “Loan Balance Higher Than Value” Is Called?
Short Sale -
Loan balance “Higher Than Value
Chap 17
Agreement Where Borrower and Lender Changes Loan Terms is Called?
Loan Modification -
Agreement Where Borrower and Lender Changes Loan Terms
Chap 17
Fix and Flips -
- Sale/Lease of Property (1yr) - $____ Cost or More of Improvements Must Be Completed.
Fix and Flips
Sale/Lease of Property (1yr) - $1000+ Cost of Improvements Must Be Completed.
Chap 17
Deed Records With What Document?
Deed Records With -
Affidavit of Value (Shows Sales Price)
Chap 18
Full Cash Value is Determined When?
Full Cash Value is Determined -
1st of the Year - For Next Year
Chap 18
Full Cash Value To High - “Appeal Process” (3)
Full Cash Value “Appeal process” (3) -
- 1st - Assessor
- 2nd - State Board of Equalization
- 3rd - Tax Court
Chap 18
New Bldg Value - Receives
- What Type of Value Notice?
- When Is It Sent?
- Appeal Process?
New Bldg Value -
- Supplemental Notice of Value
- Received in September
- SBOE - State Board of Equalization - 25 Days to Appeal.
Chap 18
Limited Property Value
- Cannot Exceed FCV - By What Max Percent?
Limited Property Value
Cannot Exceed FCV Max 5% Limit of FCV
Chap 18
Tax Calculation Formula:
- Limited Property Value
- x
- Assessed Value
- Assessed Value
- x
- Real Property Tax
Tax Calculation Formula:
- Limited Property Value
- x Assessed Value Ratio (Class Type)
- Assessed Value
- Assessed Value
- x Tax Rate
- Real Property Tax
Chap 18
Assessed Value Ratios
- Class 1 - Commercial - %
- Class 2 - Vacant Land - %
- Class 3 - Owner-Occ Res - %
- Class 4 - Res Income - %
Assessed Value Ratios
- Class 1 - Commercial - 18%
- Class 2 - Vacant Land - 15%
- Class 3 - Owner-Occ Res - 10%
- Class 4 - Res Income - 10% (Res Rental Prop Registration Form - with Assessor
Chap 18
Tax Rate - Is Computed By?
Tax Rate -
- $ per 100 or Mills (3 places - 1 Thousandth of One Dollar)
- Example; $18 per $100 (180 mills)
- 180mills / 1000 = .18
Chap 18
Taxes
- 1st Half - Due/Late?
- 2nd Half - Due/Late?
Taxes
- 1st Half** - **Due** Oct 1st / **Late: Nov 1st
- 2nd Half - Due** Mar 1st / **Late: May 1st
- Owe No More Money
Chap 18
Delinquent Taxes -
- Interest: ___ Per Annum.
Delinquent Taxes -
- Interest: 16% Per Annum.
Chap 18
Delinquent Tax Sale (5 Steps)
- Treasurer’s Sale - A______
- Bidder is Issued - Certificate of P_______
- Redemption Period - ___ Yrs (Owed plus Interest)
- Foreclosure - Within ___ Yrs (16% per Annum)
- Owner by Cert Mail - Notice of Foreclosure - ___ Days Prior to Foreclosure Action.
Delinquent Tax Sale (5 Steps)
- Treasurer’s Sale - Auction
- Bidder is Issued - Certificate of Purchase
- Redemption Period - 3 yr (Owed plus Interest)
- Foreclosure - Within 10 yrs (16% per Annum)
- Owner by Cert Mail - Notice of Foreclosure - 30 Days Prior to Foreclosure Action.
Chap 18
CFD - Community Faciilities District -
- Purpose - Sp_____ T_____ District
-
Used For Infrastructure in Planned Community
- F______ Acquisition,
- Con______,
- Operation and M________
- Cost - Property Tax Bill
CFD - Community Faciilities District -
- Special Taxing District - purpose
-
Used For Infrastructure in Planned Community
- Finance Acquisition,
- Contruct,
- Operation and Maintenance
- Cost - Property Tax Bill
Chap 18
Special Assessments Are
- Liens For?
- Have What Priority?
- Levied By What?
Special Assessments are
- Publc Improvements Liens - (Pave,Sewers, Sidewalks)
- 2nd Priority - of Liens
- Levied by - Front Foot Basis
Chap 18
Mechanic’s Liens (3 Steps)
- Prelim Notice to Owner - __ Days Notice
- Lien for Labor Recorded - ____ Dys of Work Completed
- Foreclosure Within - __ Months or ___ Days
Mechanic’s Liens (3 Steps)
- Prelim Notice to Owner - 20 Days Notice
- Lien for Labor Recorded - 120 Dys of Work Completed
- Foreclosure Within - 6 Months or 180 Days
Chap 18
Judgements:
- Renewed by - Every __ years
- Collected thru - Writ of Ex_______
-
Revealed by:
- T___ Reports
- C_____ Recorder’s Records
- C____ Reports
Judgements:
- Renewed By - Every 10 years
- Collected Thru - Writ of Execution
-
Revealed by:
- Title Reports
- County Recorder’s Records
- Credit Reports
Chap 18
Income Tax Liens Priority?
Income Tax Liens Priority?
- No Special Priority
- General Lien - Against All Real and Personal Property
Chap 18
Judgement and Income Tax Liens
- What Type of Liens
- Effects What Property
Judgement and Income Tax Liens -
- General Liens
- Effects … All Real and Personal Property
Chap 2 and 18
Homestead -
- Homeowner’s Equity Exemption
- Only for?
- Max Exemption?
- Protect Against?
Homestead -
- Homeowner’s Equity Exemption
- Only For - Homes, Condo, Mobile Homes
- Exemption - $150K Max
- Protects Against - Judgements Non-Payments but Not Foreclosures
Chap 18
AZ Residential Landlord Tenant Act -
Not Apply To (5 Types):
- Com_________
- H____/M______
- Rel______ Housing
- Sc_____ D_______
- F___ P_____ H____ (Applies To State)
AZ Residential Landlord Tenant Act -
Not Apply To (5 Types):
- Commercial
- Hotels/Motels
- Religious Housing
- School Dorms
- Fed Pubic Housing (Applies To State)
Chap 19
Security Deposits/Prepaid Rent -
- Max
Security Deposits/Prepaid Rent -
- Max 1 1/2 months rent
Chap 19
To Apply “Security Deposits to Damages” If Lease is Terminated, Landlord Must:
- What “Statement” Must Be Given To Tenant, and With In How Many Days?
- If Landlord Does Not: “Damages to Tenant” Are How Many Times Deposit?
Security Deposits Applied to Damages (Terminated Lease) -
- Landlord Must Give - Itemized Statement in 14 Days
- Not Done: Pay 2x Deposit for Damages To Tenant.
Chap 19
Fees Above Security Deposit That May Be Non-Refundable Are?
Non-Refundable Fees (Above Security Deposit)
- Cleaning Fees
- Pet Fees
Chap 19
Landlord Must Disclose (3 items)?
Landlord Must Disclose (3 Items)
- Manager Name
- Service Process - Name (Owner/Agent)
- Landlord Tenant Act (Free Copy) - AZ Dept of Housing
Chap 19
Landlord Must Comply With (5 items)
- H____, S_____, B_______ Codes
- Premises - F__, H_____, and S____
- Mechanical Equipment - W_____ O____
- Waste - Trash Cans and R_______
- Mandatory - Water Hot/Cold. Air and Heat
Landlord Must Comply With (5 items)
- H_S_B - Health, Safety, Building Codes
- Premises - Fit, Habitable, and Safe
- Mechanical Equipment - Working Order
- Waste - Trash Cans and Removal
- Mandatory - Water Hot/Cold. Air and Heat
Chap 19
Tenants Obligations (5 Items)
- Premises (2) - S__ and C___
- Mehanical Equipment - Re_____ C___
- No Deliberate/Negligent Destruction - P_____
- Do Not Disturb - Neighbor’s Q____ E______
- Landlord Established - R____ and R________
Tenants Obligations (5 Items)
- Premises (2) - Safe and Clean
- Mehanical Equipment - Reasonable Care
- No Deliberate/Negligent Destruction - Premises
- Do Not Disturb - Neighbor’s Quiet Enjoyment
- Landlord Established - Rules and Regulations
Chap 19
Non-Compliance by Landlord -
- Heath/Safety - Tenant Gives __ Days
- Other Breaches - Tenant Give __ Days
Non-Compliance by Landlord -
- Heath/Safety - Tenant Gives 5 days
- Other Breaches - Tenant Give 10 days
Chap 19
Self Help for Minor Defects -
-
Landlord Notice: Does Not Fix Within -
- Health/Safety __Dys and Misc __Dys
- Not Exceed - $___ or ____ Rent (Highest)
Self Help for Minor Defects -
-
Landlord Notice: Does Not Fix -
- Health/Safety 5 Days and Misc 10 Days
- Not Exceed__$300 or Half Rent (Highest)
Chap 19
Tenant Fails to Pay Rent -
- Notice - _ Days to Pay
Tenant Fails to Pay Rent -
- Notice - 5 Days to Pay Notice
Chap 19
Notice of Abandonment (Cert Mail+Notice) -
- Cert Mail and Notice (Door) - __ Days
- Hold Property for - __ Days
Notice of Abandonment (Cert Mail/5Day) -
- Certified Mailed and Notice - 5 Days Notice (Door)
- Hold Property for - 14 Days Distaint
Chap 19
Holding “Personal Property Back” For Rent is Called?
Distraint -
Holding “Personal Property Back” For Rent
Chap 19
All Court Actions for Landlord and Tenant Disputes Are Held in What Court System?
All Court Actions for Landlord and Tenant Disputes Are Held In
AZ Civil Courts
Chap 19
Property Management Agreements (10 Items):
- Terms and P_________
- Signed
- Can_____ Provisions
- Dispositons of M_____
- Frequency of Reports
- Op______ Reserve Amt/Purpose
- Trust Account I_____
- Com_____ Paid for Services
- Unassignable Contract
- ******Owners Cannot Sign Checks
Property Management Agreements (10 Items):
- Terms and Provisions
- Signed
- Cancelled Provisions
- Dispositons of Monies
- Frequency of Reports
- Operating Reserve Amt/Purpose
- Trust Account Interest
- Compensation Paid for Services
- Unassignable Contract
- ****Owners Cannot Sign Checks
Chap 19
Residential Leases and Finders Fees Records Kept for How Long?
Residential Leases and Finders Fees Records
- Kept 1 Year
Financial Records
- Kept 3 Years
Chap 19
Commercial Leases Kept For?
Commercial Leases?
Kept for 5 years
Chap 19
Property Management Terminated:
Return of Funds (Time Frames)
- Security Deposits
- Prop Mgmt Funds
- Accts Rec/Pay
- Bank Reconciliations
Property Management Terminated:
Return of Funds (Time Frames)
- Security Deposits - 5 days
- Prop Mgmt Funds - 35 days
- Accts Rec/Pay - 75 days
- Bank Reconciliations - 75 days
Chap 19
Tenant Finders Fees Can Be Paid As?
Tenant Finders Fees Can Be Paid As
- Credit/Reduction of Rent only.
Chap 19
Planned Community (Pending Sale) -
(6 items) - provide in 10 days
- B_____, Rules, Planned Community Dec Page
- C_____ Info
- Re_____/Budget/Finance Reports
- Alterations/Improvement Violations
- Litigation Pending
- Units - Less than 50 Seller / 50+ Association
Planned Community (Pending Sale) -
(6 items) - Provide in 10 days
- Bylaws, Rules, Planned Community Dec Page
- Contact Info
- Reserves/Budget/Finance Reports
- Alterations/Improvement Violations
- Litigation Pending
- Units - Less than 50 Seller / 50+ Association
Chap 19
What Are The Two “Renewable Water Sources?”
Renewable Water Sources (2) -
- CAP - Central Arizona Project (CO River -336 Mile Canal)
- CAGRD - Central AZ Groundwater Replenish District )Replinish Water Using CAP
Chap 20
AZ Groundwater Mgmt Code (5 Points)
- Adopted When ?
- Established ?
-
Objective of Code -
- Control of?
- Provides Means For?
- Increase AZ Water Supplies Through?
AZ Groundwater Mgmt Code (5 Points)
- Adopted - 1980
- Established - (ADWR) AZ Dept of Water Reources
-
Objectives of Code -
- Control - of Severe Overdraft (Over Pumping)
- Provides - Way - Distribution of Groundwater
- Increase AZ Water Supplies - Through Supplemental Sources (Central AZ Project - CAP)
Chap 20
Assured Water Supply Program (In AMA) - (3 Steps)
Public Report (Items Needed Before Issued)
- Cert of -
- Financial Ability -
- Subdivision Goals -
Assured Water Supply Program (In AMA) - (3 Steps)
Public Report (Items Needed Before Issued)
- Cert of - Assured Water Supply (100 Yrs)
- Financial Ability - Construct Water Delivery System
- Subdivision Goals - Same as AMA’s Goals
Chap 20
Adequate Water Sup ply Program -
Outside AMA’s (2 Items)
Adequate Water Supply Program -
- What is Needed To Submit With Public Report App
Inadequate Water Supply - Disclose where?
Adequate Water Supply Program -
Outside AMA’s (2 Items)
Adequate Water Supply Program -
- AWS Report - Submitted with Public Report App
Inadequate Water Supply - Disclose in Purchase Contract and Advertising.
Chap 20
Exempt Wells (2 Rules)
- From ADWR What Is Needed?
- What is Max (GPM) Gallons per Minute?
Exempt Wells (2 Rules)
- ADWR Permit Required
- 35 Max (GPM) Gallons per Minute
Chap 20
Transfer of Well Rights -
- Transfer Form Need To Be Filed With?
- Info Included Is?
Transfer of Well Rights -
- Transfer Form Filed - With ADWR
- Info Needed - Names, Location, Assessor’s Parcel Number
Chap 20
Water Rights Type?
- Land Irrigated Between 1975-1980
- Allows Use of Groundwater to Irrigate.
Irrigation Groundfathered Right -
- Land Irrigated Between 1975-1980
- Allows Use of Groundwater to Irrigate.
Chap 20
Water Rights?
- Retired - Can Be Used For Industry/Subdivision
Type 1 - Non-Irrigated Rights
- Retired - Can Be Used For Industry/Subdivision
Chap 20
Water Rights Type?
-
Historical for Non-Irrigation Such as
- Livestock Watering,
- Industry or
- Golf Courses
- MAY BE - SOLD SEPERATELY!
Type II - Non-Irrigated Rights
-
Historical for Non-Irrigation Such as
- Livestock Watering,
- Industry or
- Golf Courses
- MAY BE - SOLD SEPERATELY!
Chap 20
What Does This Represent?
- Distance and Compass Directions
- Point of Beginning
- Distance between Points
- Closure
Metes/Bounds
- Distance and Compass Directions
- Point of Beginning
- Distance between Points
- Closure
Chap 20
Land Description Type
- Describes “Smaller Parcels”
- Plat Map ID’s Parcels by Lot and Block Number
- Recorded in County Recorder’s Office
Recorded Plat (Lot & Block) -
- Describes “Smaller Parcels”
- Plat Map ID’s Parcels by Lot and Block Number
- Recorded in County Recorder’s Office
Chap 20
Type of Survey System?
- Based on Survey Lines that run North/South and East/West
- Describes “Largest Parcels”
Rectangular/Gov Survey/Public Land Survey System (PLSS):
- Based on Survey Lines that run North/South and East/West
- Describes “Largest Parcels”
Chap 20
Base LIne and Meridian Lines Run?
- Baseline Runs?
- Meridian Runs?
Base LIne and Meridian Lines Run:
- Baseline - East/West (Sames As Townships)
- Meridian - North/South (Sames As Ranges)
Chap 20
What Runs?
- North/South (Every 6 miles) from Principle Meridian
Ranges -
- North/South (Every 6 miles) from Principle Meridian
Chap 20
- 6 Miles x 6 Miles Square - 36 Sq Miles Each (East and West)
- Numbered from Baseline North and South
Townships-
- 6 Miles x 6 Miles Square - 36 Sq Miles Each (East and West)
- Numbered from Baseline North and South
Chap 20
Row of Townships is Called What?
Tier -
Row of Townships
Chap 20
What is 1 Mile Square, and Has 640 Acres?
Section -
1 Mile Square and Has 640 Acres.
Chap 20
What is Made Every 24 Miles North From Bottom of State Line?
Earth Curvature Corrections -
Made Every 24 Miles North From Bottom of State Line
Chap 20
What is 24 Miles Square (24 x 24) - With 16 Townships?
Check -
24 Miles Square (24 x 24) - With 16 Townships
Chap 20
What is Distorted by Earth Curvature (North/West Sides), has 25 Standard and 11 Fractional Sections?
Correctional Township -
- Distorted by Earth’s Curvature (North/West Sides)
- 25 Standard and 11 Fractional Sections
- Fractional: 1-7, 18-19, 30-31
Chap 20