All Forum Posts by: Cara Lonsdale

In AZ, we only have 2 types of homes....those that have had termites, and those that will.  We don't do tenting like they do in California, but the companies out here drill sub-terranean holes all around the perimeter of the property.  If there is no flooring, or it's easy to pull up, they will even drill on the inside perimeter.  Since subterranean termites always go back into the ground every 24-48 hours to get back to their "home", they will be killed once they make their return.

The termite treatment company will issue a warranty, so if they return within a given period, they will come back out and spot treat or do full treatments.  You can usually renew the warranty for a reasonable fee annually.

My recommendation would be to call the termite company and ask for an estimate for treatment.  Get a figure before bailing.  Sometimes it isn't that bad, and most of the time, you can get the Seller to pay for it since it is their property, and now that termites have been disclosed, they would have to disclose it to any new Buyer anyway.

 This came directly from the ADA website.

***********Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA. Other species of animals, whether wild or domestic, trained or untrained, are not considered service animals either.*************

Therefore, the Landlord can refuse the animal and/or treat it as a pet, not a service animal as it is not protected under the ADA.

Here is the complete link https://adata.org/publication/service-animals-booklet

Hope this helps!

This is about non-disclosure for sure.  The Seller had an obligation to disclose any material facts to you, and clearly, this is a material fact.  Additionally, this may present a cloud on title as it sounds like the adjoining land was not sold properly to the neighbor since they didn't formally address the metering.

I would recommend that ALL of your communication about this be in writing, AND you issue the Seller a cure notice to formally request the info.  Cure notices alert the violating party that they are in violation, and give them some time to remedy it (cure it).  If the Cure notice deadline passes, then the next step is to issue a cancellation based on the Seller's inability to cure.  The title company shouldn't have any issues refunding your earnest money under these circumstance as the documentation would support them releasing it back to you.

Sticky for sure....

Depending on where you are, POFs may be a common practice. In AZ, if you don't show POF with an offer, or upon request, your offer may be pushed aside. Sellers don't want to get to the closing table to discover that the Buyer is short on funds.

I don't know what it's like in ATL, but I wouldn't be offended to be asked for a POF. It's just the Seller looking out for themselves....and the agent looking out for their Seller.

 Sounds curious!  I am interested.  Sure.  Go ahead and PM me.  I am happy to help with what I can.

 Taking title shouldn't be a big deal since there is an existing property on it already, right?  We average 30-45 day COEs here in AZ.  My only question was about a tear down being like for like with rental properties.  Thanks for clearing that up.

 Thanks for your clarification @dave foster.  I told her to seek advice from a 1031 professional because I wasn't sure, since she stated that she wanted to find something she could tear down and build new.  That made me question whether it was like for like since her previous properties were held as rentals, and this property would likely not be able to have a tenant occupy it for several months or even a year during construction. 

Tell me, what is the time frame for getting a tenant in place in order for this to still be like for like?  Does the Tenant in place matter?

 Always up for a side wager... lol.  Thanks for the spirited debate.

 So, you just proved @Jay Hinrichs point.

We all have different situations based on our location.  It doesn't make these RESPA violations that some states do things that other states wouldn't touch, it just means that we have different business practices based on our markets.

 You bring up a good point!  I appreciate your comments.

As RESPA is a national thing. I pulled this from the NAR website regarding our discussion. I thought it might be of help, or provide some clarity.

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3. Exceptions to RESPA's Prohibitions

Not all referral arrangements fall under RESPA’s referral restriction. In fact, RESPA and its regulation feature a number of exceptions. Three examples are:

• Promotional and Educational Activities
• Settlement service providers, such as mortgage bankers, mortgage brokers, title insurance companies, and title agents, can provide normal promotional and educational activities under RESPA.
• These activities must not defray the expenses that the real estate broker/agent otherwise would have had to pay.
• The activity cannot be in exchange for or tied in any way to referrals.

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The post went on to other items that didn't relate to our topic here, but I thought I would post it. That can be found on the NAR site at https://www.nar.realtor/ae/manage-your-association...

Anyway, good discussion guys!  Thanks.