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04/17/2026

https://www.flexmls.com/share/DoRi0/9117-E-CAPTAIN-DREYFUS-AVE-Scottsdale-AZ-85260

Major PRICE IMPROVEMENT! Great investment and/or rental opportunity in N Scottsdale! Priced below recent comparable sales, this 3-bedroom, 2-bath home presents an outstanding value opportunity. Similar renovated homes in the area command significantly higher prices, making this an ideal purchase for...

10/16/2025

09/03/2025

May 2, 2025--17 likes, 1 comment
AAR flyer for your Buyer Presentations...Screenshot the one below or find the original in Real Smart Agent in the downloads link....

09/03/2025

April 29, 2025--6 likes, 1 comment
LEASED ITEMS IN THE RESIDENTIAL PURCHASE CONTRACT & SPDS
The RPC addresses leased items in lines #65-67 as follows:
Leased items shall NOT be included in this sale. Seller shall deliver notice of all leased items within three (3) days after Contract acceptance. Buyer shall provide notice of any leased items disapproved within the Inspection Period or five (5) days after receipt of the notice, whichever is later.
➤Be sure to remind your seller(s) to pay close attention when disclosing or identifying leased items on the SPDS.
➤Failure to deliver notice of any leased items in the SPDS or otherwise could be costly to the seller! (Or, unfortunately sometimes to the agent as well)!
Possible leased items or systems in the transaction could include but are not limited to the following:
➤Leased Land or Leased/Rental Property
➤Leased Water Treatment Systems
➤Leased Electric Vehicle Charging Station
➤Leased Security System
➤Leased Propane
➤Leased Solar System
➤Leased Salt Water Pool System
➤Leased Cable, Internet or Satellite System
➤Other?
See screenshot examples below of how Propane is treated in leased vs owned Propane systems, we had to address that scenario on a broker call this week.
Contact the brokers at 602-889-2115 or [email protected] with any questions. Take care, Jeff.

09/03/2025

April 23, 2025--24 likes, 3 comments
PRIMER ON THE SELLERS PROPERTY DISCLOSURE STATEMENT (SPDS)
➤A Seller's Property Disclosure Statement (SPDS) is not generally considered a contingency in a real estate transaction.
➤Rather, the SPDS is a separate document from the purchase contract that provides disclosures and valuable property information from the seller to the buyer.
➤The SPDS does not itself constitute a condition that needs to be met for the deal to proceed, however, there is a disapproval provision...
➤The SPDS is a disclosure document: It's designed to help sellers fulfill their legal obligation to disclose material information about the property to buyers.
➤The SPDS is not part of the contract: While the purchase contract may mention the delivery of the SPDS within a certain timeframe, the SPDS itself is not a contractual condition.
➤The SPDS can be used as a tool by the buyer: A buyer can use the SPDS as a checklist to help them conduct inspections and investigations.
➣Arizona law requires the seller to disclose material (important) facts about the property, even if not asked by the buyer or a real estate agent, or the seller could be subject to civil liability.
➣If an SPDS will not be provided, it is also a requirement and must be stated in the RPC (or counter or addendum) that “the buyer waives receipt of the SPDS,” otherwise the buyer could send a CURE notice to the seller for failing to provide within the 3 days stated in the purchase contract.
➣(Oftentimes, the Insurance Claims History will be waived as well).
➣No Legal Duty to Disclose: Arizona law, specifically ARS 32-2156, states that sellers, lessors, and real estate licensees are not required to disclose that a property has been the site of a natural death, su***de, homicide, or any other felony.
STIGMITIZED PROPERTY LAW: ARS 32-2156 “Real Estate Sales and Leases; Disclosure”
A. No criminal, civil or administrative action may be brought against a transferor or lessor of real property or a licensee for failing to disclose that the property being transferred or leased is or has been:
1. The site of a natural death, su***de or homicide or any other crime classified as a felony.
2. Owned or occupied by a person exposed to the human immunodeficiency virus or diagnosed as having the acquired immune deficiency syndrome or any other disease that is not known to be transmitted through common occupancy of real estate.
3. Located in the vicinity of a s*x offender.
B. Failing to disclose any fact or suspicion as set forth in subsection A shall not be grounds for termination or rescission of any transaction in which real property has been or will be transferred or leased.
Contact the brokers with any questions at 602-889-2115 or [email protected]. Take care, Jeff.

09/03/2025

April 17, 2025--33 likes, 5 comments
BUYER AGREEMENT VIOLATIONS
➤A NAR violation of a Written Buyer Agreement occurs when a real estate agent or brokerage fails to comply with the mandatory provisions outlined in the agreement, particularly regarding compensation and transparency.
➤These agreements, required by the National Association of REALTORS® (NAR) must specify compensation details & ensure clear disclosure about how compensation is determined.
KEY ELEMENTS THAT, IF VIOLATED, CONSTITUTE A BREACH (ALL HomeSmart agents must comply)
➤Unclear or open-ended compensation: The agreement must clearly define the amount or rate of compensation, whether it's a flat fee, percentage, or hourly rate, and not be open-ended or dependent on what the seller offers.
➤Exceeding agreed-upon compensation: Agents cannot receive compensation from any source that exceeds the amount or rate agreed to with the buyer.
➤Failure to disclose negotiability of commissions: The agreement must state that broker commissions are not set by law and are fully negotiable.
➤Missing mandatory provisions: The agreement must include all mandatory provisions as specified in NAR guidelines.
➤Pressure tactics: The agreement should not be presented under undue pressure or without a reasonable opportunity for the buyer to read and understand it.
CONSEQUENCES OF VIOLATING A BUYER AGREEMENT
➣NAR Fines up to $15K
➣ARMLS Fines up to $15K
➣Potential lawsuits
➣Damages
➣Mandatory Education Sessions or Suspension
➣Expulsion
➣Loss of credibility
Quick Guide available in RSA. Contact the broker department with questions on Buyer Agreements or any other matter at 602-889-2115 or [email protected]. Take care, Jeff.

09/03/2025

April 9, 2025--12 likes, 1 comment
VACANT LAND/LOT TRANSACTIONS, MANY VARIABLES...
If you don’t have experience with Vacant Land transactions, our policy is that you refer it out or get help from someone who does have experience in that market segment and negotiating those type of transactions.
Either way, you need to proceed with caution because with Vacant Land there is a need for additional due diligence with consideration in many areas such as the following:
➤Public, Private or Military Airports or Facilities
➤Military Training Routes and Restricted Airspace
➤Topography
➤Special Flood Hazard Areas
➤Expansive Soils
➤Fissures
➤Radon Gas Potential Zones
➤Superfund Sites
➤Water Wells, Shared Wells, Irrigation, Aquifers
➤Septic Systems
➤Zoning Issues
➤Easements
➤Building Restrictions/NAOS
➤Special Tax Assessment Areas
➤Property Boundary Lines and Surveys
➤Land Leases
➤Physical Access
➤Surrounding Developments
➤Public Report Required
➤Subdivided or Un-subdivided
Key Vacant Land Transactional Forms: 1) Vacant Land/Lot Listing Contract, 2) Vacant Land/Lot Purchase Contract, 3) Buyer Advisory, 4) Vacant Land SPDS, 5) Vacant Land BINSR, 6) Affidavit of Disclosure (if required), 7) Land/Lot Addendum regarding subdivided or un-subdivided land (if required).
Remember, our Policy & Procedures Manual requires that if you don't have experience, refer it out or get help from someone who has experience with Vacant Land and proceed with caution! E&O could be affected. Quick Guide in RSA.
Contact the broker department at 602-889-2115 or [email protected] with any questions. Take care, Jeff. 🌳

09/03/2025

March 27, 2025--32 likes, 2 comments
“SUBJECT TO/WRAP” TRANSACTIONS
The broker department has seen an increase in the number of calls/emails from agents reaching out to inquire about “subject to” and “wrap” offers received from investors who are flooding the market with blanket “subject to/wrap” offers on agent listings.
The Broker department is advising agents, and agents should be advising their clients to seek legal guidance if they are interested in pursuing these types of transactions, seller carry with a “wrap” or “subject to” for many reasons, including but not limited to the following:
➤Lender due on sale clause,
➤Failure to perform/non-payment seller,
➤Failure to perform/non-payment buyer,
➤Foreclosure,
➤Re-conveyance of equitable interest,
We need to be sure that if sellers do elect to move forward with these "Subject to/Wrap Offers" that our agents have a paper trail whereby they are advising the seller multiple times to get legal guidance and hire an attorney or title to prepare the wrap and financing documents and addendums which is outside the scope of your real estate license and field of expertise.
➤At a minimum, language such as the following should be documented in writing with your client, via email, in the Exclusive Right to Sell/Rent Listing agreement, or in your Buyer Broker Agreement if necessary:
“HomeSmart strongly recommends that the parties seek independent counsel from insurance, legal, tax, title, and accounting professionals regarding the risks and complexities of “Subject to/Wrap” real estate transactions. HomeSmart also recommends having an attorney or other qualified professional prepare the All Inclusive Note and Deed of Trust paperwork and Addenda for this transaction. The HomeSmart WRAP-AROUND “DUE ON SALE” DISCLOSURE is also a required document for “Subject to/WRAP” transactions.”
➤We can get these files across the finish line and close with HomeSmart.
➤Please remember that we continually strive to reduce liability for both agents and HomeSmart by managing and reducing risk.
➤These are complex, high risk transactions.
Contact the brokers with questions at 602-889-2115 or [email protected]. Quick Guide available in RSA. Take Care, Jeff.