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Advanced Realty Education


This page will be under constant development. You will find answers to questions from classes, as well as those that have been EMailed to us

Question:
  Buyer liable for damage by home inspector The home is vacant. During the inspection, the inspector caused water damage. Is the buyer liable for this water damage?
Answer:  Yes. Under lines 226-227 of the AAR Contract, the buyer is obligated to repair all damages arising from the home inspection. The buyer, however, should have a claim against the home inspector for any negligence of the home inspector. Arizona REALTOR® Digest November 2001

Question:  Last Page of Contract Not Sufficient to Accept Offer (SEE NEXT ENTRY) The seller accepted the buyer's offer and the seller's agent simply faxed the last page of the AAR Residential Resale Contract to the buyer's broker. Is delivery of only the last page of the contract sufficient to create an enforceable contract?
Answer:  Probably not. Inasmuch as the acceptance of the contract must be exactly the same as the offer ("mirror the offer"), simply faxing one page is likely not sufficient to create a binding contract. All pages of the contract, with appropriate initials and signatures should be delivered to all parties. Arizona REALTOR® Digest March 2000 Reviewed May 2001 (SEE NEXT ENTRY)

Question:
  Faxed signature page is acceptance (SEE PREVIOUS ENTRY) A buyer presented an offer using the AAR contract. The seller accepted the offer, but only faxed back to the buyer page nine of the AAR contract containing the seller's signature. Is there a binding contract?
Answer:  Probably. By the seller faxing back only the signature page nine of the AAR contract, the seller has probably accepted all terms of the AAR contract. The better practice obviously is to have the seller send all nine pages back to the buyer. Arizona REALTOR® Digest February 2002

Question:  Delay of buyer in providing termite report The buyer failed to provide a termite inspection within the 10-day inspection period. Six days later the buyer has a termite inspection and provides a termite report, which show termite infestation. Can the buyer cancel the AAR Contract?
Answer:  No. The AAR Contract states in bold language that the buyer must investigate for termite infestation during the 10-day inspection period. After the expiration of the 10-day inspection period, the buyer does not have the right to cancel the AAR Contract. Arizona REALTOR® Digest November 2001

Question:  Agent place directional signs as advertisements? Company Real Estate signs are being placed by agents at major intersections. The signs conform with company name , phone and even agent name, HOWEVER the directional arrow leads nowhere and there is no company listing in the area. Is this legal?
Answer:  ADRE has ruled that this constitutes illegal advertising.

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