A listing is an agreement between the seller and the listing agent and authorizes the listing agent to submit information to the Multiple Listing Service ("MLS"). The MLS printout is similar to an advertisement and contains various abbreviations and symbols. Neither the listing agreement nor the printout is a part of the purchase contract between the buyer and seller. The printout contains limited description of a property, such as its size, encumbrances, utilities, amenities, etc. The information was probably secured from the seller, the builder, or a governmental agency, and could be inaccurate. Therefore, the buyer should verify any important information contained in the MLS, as the information may be incomplete or an approximation. For more information, visit

http://www.armls.com/ or http://www.tarmls.com/

The Public Report

This report is required to be given to buyers by developers in a new home subdivision. The purpose of this document is to point out material information about the development that a buyer might want to know when making a decision to purchase. For example, the section of the Public Report entitled "Nuisances and Hazards" will disclose adjacent land uses that may be of concern. The Public Report is prepared by the seller/builder, could be inaccurate, and should be verified. Additional information about the Public Report may be found on the ADRE website at

http://www.re.state.az.us/checklist.html

http://www.aaronline.com/docs/spds_samp.pdf

The ADRE advises: "Read the seller's property disclosure report, and check every item on it. Ask to see receipts for repairs to the home. Look behind large pictures on the wall and behind anything on the floor that conceals large areas of the wall. Look for stains on the ceilings or carpets that might indicate water damage. Read the purchase contract carefully to determine if there are any deadlines for challenging the seller's disclosure report or for having your own inspections conducted." http://www.re.state.az.us/checklist.html Remember, your review of the SPDS is not a substitute for professional inspections.

The ADRE advises: "Read the deed restrictions, also called CC&Rs (covenants, conditions and restrictions). You might find some of the CC&Rs are very strict, especially those addressing landscaping, RV parking, play equipment, satellite antennas, and other common amenities -- particularly if the subdivision is governed by a homeowner's association." http://www.re.state.az.us/checklist.html A short but informative document on the purpose and effect of CC&Rs may be read at http://www.realtor.com/BASICS/condos/ccr.asp Buyers should consult legal counsel if uncertain of the application of particular provisions in the CC&Rs.

If you have questions about your rights and remedies regarding home owner associations or community associations, please read the information provided at

http://www.re.state.az.us/communityassoc.html.

If purchasing a resale home in a condominium or planned community, the seller (if fewer than 50 units in the community) or the HOA (if there are 50 or more units) must provide the buyer with a disclosure containing a variety of information. The disclosure should contain information regarding the principal contact for the association, assessments, the money held by the association as reserves and, if the statement is being furnished by the association, a statement as to whether the records of the association reflect any alterations or improvements to the unit that violate the declaration. See http://www.azleg.state.az.us/ars/33/01260.htm and http://www.azleg.state.az.us/ars/33/01806.htm for laws detailing this requirement.

 Make sure you receive and review all of the listed documents. Questions about the title commitment and Schedule B documents may be answered by the title or escrow officer, legal counsel, or a surveyor. General information regarding title issues may be found at http://www.titlelawannotated.com/ or obtained from the title/escrow company employed in the transaction

If the buyer is purchasing five or fewer parcels of land, other than subdivided land, in an unincorporated to area of a county, the seller must furnish the buyer with an Affidavit of Disclosure. A sample form is located at http://www.aaronline.com/documents/affidavit_2002.pdf

If the home was built prior to 1978, the seller must provide the buyer with a lead-based paint disclosure form. A sample form is located at http://aaronline.com/documents/leadsale.pdf More information about lead-based paint may be obtained at http://www.re.state.az.us/leadfacts.html

• Coconino: http://co.coconino.az.us/assessor/

• Maricopa: http://www.maricopa.gov/assessor/homeowner_guide.asp

•Pima:http://www.dot.co.pima.az.us/assessor/arm/ and http://co.pinal.az.us/treasurer/

• Yavapai: http://www.co.yavapai.az.us/departments/assessor/assessormain.asp

For other counties, see Counties listing: http://www.az.gov/webapp/portal/

• American Society of Home Inspectors, http://www.ashi.com/

• Arizona ASHI, http://www.arizona-ashi-home-inspection.com/

• American Home Inspectors, http://homeinspectortraining.com

• Board of Technical Registration, http://www.btr.state.az.us/

http://www.realtor.com/basics/buy/inspnegot/hire.asp?gate=realtor&poe=homestore

Termites are commonly found in Arizona homes. Investigating evidence of termites or other wood infestation is the job of the pest inspector. The Structural Pest Control Commission (SPCC) regulates these inspectors and can provide the buyer with information regarding past termite treatments on a property. The SPCC publication, That You Should Know About Wood Infestation Reports, can be found at http://www.sb.state.az.us/wir.htm. Additional information may be obtained at the Structural Pest Control Commission website at http://www.sb.state.az.us/

The Registrar of Contractors' publication, Hiring a Licensed Contractor, is available online at http://www.rc.state.az.us/Consumer_menu.html. The Registrar of Contractors may be contacted at http://www.rc.state.az.us/ and a listing of various types of contractors may be found at:

http://www.arizona-contractors.com For information regarding permits, contact the city or county building department.

http://www.rc.state.az.us/Consumer_menu.html

If the home has a pool or a spa, the home inspector might determine that the cleaning system is not working properly or may exclude the pool or spa from the general inspection. It would then be necessary to have a pool or spa company inspect the pool or spa and/or evaluate any problem. For a partial list of Arizona pool and spa contractors, see http://www.builderszone.com/swimming.htm and

http://www.arizona-contractors.com/directory/poolspa/poolspa.htm

Each city and county has its own swimming pool barrier ordinance. Pool barrier contact information for each Arizona city and county may be found at http://www.aaronline.com/documents/pool_contacts.aspx The Arizona Department of Health Services Private Pool Safety notice may be found at http://www.hs.state.az.us/diro/admin_rules/pool_rules.htm The state law on swimming pools is located at http://www.azleg.state.az.us/ars/36/01681.htm

Square footage on the MLS printout or as listed by the county assessor's records is often an estimate only and generally should not be relied upon for the exact square footage in a home. An appraiser or architect can measure the home's size to verify the square footage. A list of appraisers may be found at the Arizona Board of Appraisal, http://www.appraisal.state.az.us/Directory/directory.html A list of architects may be found at the Board of Technical Registration, http://www.btr.state.az.us/

ADEQ’s new Inspection and Transfer of Ownership rules became effective January 1, 2002. These rules apply to virtually all septic or alternative on-site wastewater treatment systems approved for use on or after January 1, 2001. Inspections are to be performed, prior to property transfer, by an inspector considered to be qualified as per ADEQ’s list of "Provider Categories". Older systems (installed & approved for use prior to 1/1/01), are to be inspected as per the AAR Residential Resale Purchase Contract. (These older systems are expected to be covered by another new inspection rule in 2003). Contact the Arizona Department of Environmental Quality http://www.adeq.state.az.us/ For specific information on the pre-transfer inspection requirements, see

http://www.adeq.state.az.us/environ/water/permits/wastewater.html

http://www.az.nrcs.usda.gov/soils/shrinkswell.html A list of state certified professional engineers and firms can be found at http://www.btr.state.az.us

Previous Fire/Flood

Cockroaches, rattlesnakes, black widow spiders, scorpions and other pests are common in parts of Arizona. Fortunately, most pests can be controlled with pesticides. Scorpions, on the other hand, may be difficult to eliminate. If the buyer has any concerns or if the SPDS indicates the seller has seen scorpions or other pests on the property, you should seek the advice of a pest control company. A source of information on scorpions may be found at http://www.desertusa.com/oct96/du_scorpion.html For information on roof rats, which have been reported in some areas, search "roof rats" at http://www.maricopa.gov/envsvc/ . For information on termites see http://www.sb.state.az.us/ .

An Arizona law states that sellers and real estate licensees have no liability for failure to disclose to a buyer that the property was ever the site of a natural death, suicide, murder or felony: http://www.azleg.state.az.us/ars/32/02156.htm This information is often difficult to uncover; however, the local law enforcement agency may be able to identify calls made to the property address.

A pamphlet, Mold in may Home: What Do I Do?, prepared by the Arizona Department of Health Services, Office of Environmental Health states: "If you can see mold, or if there is an earthy or musty odor, you can assume you have a mold problem." See, http://www.hs.state.az.us/phs/oeh/invsurv/air_qual/moldinfo.htm The EPA website also contains valuable information at http://www.epa.gov/iaq/pubs/moldresources.html Additional sources may be found on the ADRE website at http://www.re.state.az.us/consumer.html. Good information about mold, the problems it may cause, and how it may be removed can be found at http://www.cdc.gov/nceh/airpollution/mold/moldfacts.htm

There are many concerns with indoor air quality ("IAQ"). Radon gas and carbon monoxide poisoning are two of the more common and potentially serious IAQ concerns. Both of these concerns can be addressed by the home inspector, usually for an additional fee. As for the many other IAQ concerns, the EPA has a host of resource materials and pamphlets available at http://www.epa.gov/iaq/iaqinfo.html and http://www.epa.gov/iaq/pubs/index.html

If the property boundaries are of concern, a survey may be warranted. For example, a survey may be advisable if there is an obvious use of property by others (i.e., a well-worn path across a property and/or parked cars on the property) or fences or structures of adjacent property owners that appear to be built on the subject property. A list of surveyors may be obtained from the Board of Technical Registration at http://www.btr.state.az.us/ .

If the property is in a flood zone, an additional annual insurance premium of several hundred dollars may be required. If the property is in an area deemed high risk, the buyer may be required by the lender to obtain flood hazard insurance through the National Flood Insurance Program. To find additional detail on flood plain status in Maricopa County, visit the Maricopa Flood Control District at http://www.fcd.maricopa.gov/Resources/MapApplications.asp . In Pima County, visit the Pima County Flood Control District at http://www.dot.co.pima.az.us/flood/ . For information on Flood Control, Flood Plain or Flood Hazards in other parts of the states visit http://www.azgs.state.az.us/flood_links.htm . FEMA's Flood Map Service Center website is http://www.fema.gov/maps .

A home’s insurance claim history may effect its insurability and at what cost. A home’s claim history may be obtained from the Comprehensive Loss Underwriting Exchange ("CLUE"). Homeowners may request a CLUE report on their own property. Therefore, a buyer might consider asking the seller to provide a copy of the home’s CLUE report. A homeowner may order the report by calling 800/456-6004 or 866/527-2600, or go to http://www.choicetrust.com (click on "home" and then "insurance claims") and download a request form. (note: it may take several weeks to receive the report.) For additional insurance information contact the Arizona Department of Insurance at http://www.state.az.us/id or the Insurance Information Institute at http://www.iii.org .

Conditions affecting the area surrounding the home the buyer should investigateEvery property is unique; therefore, important conditions vary. 

It is often very difficult to identify environmental hazards. See the Arizona Department of Environmental Quality website for environmental information at http://www.adeq.state.az.us/. Another source of environmental information may be found at http://consumerlawpage.com/brochure/home-haz.shtml .

http://www.adeq.state.az.us/environ/waste/sps/phx.html

Although the existence of a freeway near the property may provide highly desirable access, sometimes it contributes to undesirable noise. To start searching for roadway construction and planning, go to the Arizona Department of Transportation website at http://www.dot.state.az.us/ROADS/rdfway.htm Check ADOT maps to find the nearest future freeway routes and roads in the area slated for widening.

Crime statistics, while an imperfect measurement at best, nevertheless provide some indication of the level of criminal activity in an area. To check the crime statistics for the cities of Phoenix, Tempe, Glendale, Mesa, Scottsdale, Chandler, Gilbert and Peoria, go to http://www.faxnet1.org A visit or phone call to other law enforcement agencies may be required. For a list of all Arizona city links, go to

http://www.azleague.org/links_city_town.htm
To find crime statistics on their websites, you may need to search for "crime statistics."

Since June 1996 Arizona has had a registry and community notification program for convicted sex offenders. This information may be accessed at http://www.azsexoffender.org Note that 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 is required to be disclosed by the seller or agent.

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 map for military airports may be accessed at http://www.re.state.az.us/airport.html Maps for many of the public airports may be viewed at http://www.re.state.az.us/airports/airportintro.html These maps are intended to show the areas subject to the preponderance of airport-related nose from a given airport. Periodic over-flights that may contribute to noise cannot usually be determined from these maps.

Although there is no substitute for an on-site visit to the school to talk with principals and teachers, there is a significant amount of great information about Arizona's schools on the Internet. Public and charter school information may be accessed at http://www.ade.state.az.us/schools or http://www.greatschools.net/modperl/go The ADRE advises: "Call the school district serving 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." ( http://www.re.state.az.us/checklist.html )

Phoenix: http://www.phoenix.gov/webpmo.html

Scottsdale: http://www.ci.scottsdale.az.us/show_cat.asp?id=5

Tucson: http://www.ci.tucson.az.us/planning.html

Other cities and towns: http://www.azleague.org/links_city_town.htm

Arizona Association of REALTORS® ("AAR") website, http://www.aaronline.com

Arizona Department of Real Estate ("ADRE") website, http://www.re.state.az.us/

The National Association of REALTORS® ("NAR") website, http://www.realtor.com

http://www.homestore.com/finance/buyersguide/default.asp?Inksrc+REALR2LF2C0047&gate=realtor 

For information about Arizona Government, including links to state agency websites and a 2002 State of Arizona telephone directory: http://www.az.gov/webapp/portal/subtopic.jsp?id=1225&name=Arizona+Government

Arizona city and town websites: http://www.azleague.org/links_city_town.htm