News Archives - Retreats Living

Can an HOA prohibit the American flag from being hung upside down?

Question: One of our neighbors flies the “upside down” flag on his roof. At our last social gathering by the swimming pool, there was a loud argument and almost a fistfight about this flag. Our homeowner association board of directors now wants to prohibit all political flags except the Stars and Stripes. Would that prohibition […]

Can an apartment tenant be evicted because of mental illness in Arizona?

Question: Our son has had some mental health issues. For the last two years, he has lived in an apartment complex near our home, and we have helped him when he became ill. Last weekend, he was babbling incoherently out by the swimming pool and even yelled at a couple of children, who then ran […]

Our neighbors smoke outside. Can we do anything to stop them?

Question: We live in a mobile home park. Our next-door neighbors were nice snowbirds. For health and age issues, however, they will no longer be coming back. Their son and two of his friends now occupy their mobile home. The three of them sit outside almost every night smoking cigarettes and whatever. The smoke is […]

Is mediation always necessary in a home purchase dispute? Yes, here’s why

Question: We signed the Realtor purchase contract with the buyer of our Cave Creek home. The buyer deposited with the escrow company $100,000 earnest money. All inspections were fine, and escrow was scheduled to close. Then, before closing, our Realtor said that the buyer decided they wanted to cancel the Realtor purchase contract because our […]

When can a homebuyer cancel a purchase over a short-term rental?

Question: In , you talked about a buyer under the standard Arizona Association of Realtors purchase contract canceling the purchase of a Glendale home the day before close of escrow. The buyer's reason was that the home next door had just been sold to an investor to be a short-term rental. We lived next door […]

How a partition lawsuit can help with inheritance issues over a co-owned house

Question: My two sisters and I inherited our parents’ Maricopa County home several months ago, and we have been arguing constantly. One of my sisters wants to live in the house at reduced rent, and my other sister wants to rent the home to a tenant at full rental value because she needs the money. […]

$17M north Scottsdale mansion sets record for price per square foot

A north Scottsdale mansion sold for $17 million, setting the price-per-square foot record for the area. Investment advisers, a vehicle firm executive and a real estate agent were among the buyers and sellers of metro Phoenix’s priciest houses to sell during the third week of July. The Derryberry and Evans Trust paid cash for a […]

Does a landlord need to evict a registered sex offender if neighbors complain?

Question: Several months ago, we moved out of our house and then rented it to a young man. His monthly rent payments have been paid on time, and he keeps the house immaculate. We recently received an email from one of our former neighbors saying that our tenant is a Level Two registered sex offender, […]

Goodyear getting community of more than 600 houses. Prices start in mid-$300s

Goodyear is getting a new community with 622 homes that start at affordable prices. Meritage Homes is developing Silva Farms on 84 acres near Van Buren Street and Citrus Road. Prices for the homes start at $359,990. Metro Phoenix’s median new home price is $475,000, according to RL Brown Reports. Read More

Could a builder be liable if mortgage rates go up before a house is complete?

Question: Last year, under a Jan. 15 contract with our homebuilder for the construction of a new home in Maricopa County, we had a closing date of Oct. 15. A month later, the homebuilder's sales agent emailed us that the house should be completed by Sept. 1. In reliance on her email, we "locked in" […]

Who is liable after a mortgage foreclosure that was assumed by a buyer?

Question: When we sold our Phoenix-area home two years ago, the buyer assumed our mortgage, which had a low 3% interest rate. The buyer is now in default on this mortgage, and we are receiving default notices from our lender. If the buyer doesn’t make the payments on this 3% mortgage, will we have to […]

Can a property owner remove roots from a neighbor’s tree?

Question: My neighbor has a huge eucalyptus tree. The roots of this tree encroach into my backyard. Can I hire a contractor to remove the roots? Answer: A property owner is entitled to remove the roots or branches of an encroaching tree unless removing the encroaching roots would kill the tree. The property owner would […]

Typical metro Phoenix homebuyers need $186,000 down payment, Zillow says

A metro Phoenix household earning the median income needs a 40% down payment to afford a home purchase, according to Zillow. That's because higher home prices and interest rates have outpaced income gains. Zillow's median household income for Phoenix was about $91,300. Zillow, like most housing experts and organizations, if its monthly costs are no […]

Phoenix-area homebuilding jumps 57% from 2023’s slow pace

Homebuilding across metro Phoenix has jumped from last year’s tepid pace, despite higher interest rates. Permits to build new houses are up almost 57% through May, compared to the same five months in 2023, according to housing research firm RL Brown Reports. Despite higher demand, new house prices in the Phoenix area are basically flat. […]

Can an HOA change rules for paint colors without giving homeowners a say?

Question: We have lived in our home for 12 years. We recently received a letter from our homeowners assocation board of directors stating that the houses in our community can only be painted certain colors. We are now prohibited from repainting our home its original color. Should this action by our HOA board have required […]

Do real estate agents have to disclose an adult care facility next door?

Question: We recently purchased a home in a residential neighborhood. After we moved into our home, we were informed by a neighbor that an adult care facility is operating in the house next door. This facility is a for-profit corporation that cares for patients requiring the highest level of care. We are concerned that the […]

Can second owner make a claim against a homebuilder for construction defects?

Question: We bought a home in the Valley last year that had been built four years ago. We had a home inspection that discovered some minor problems that our sellers fixed. We have now discovered two significant construction defects, namely, a hole in the roof next to the chimney, and the air conditioning system that […]

Under what circumstances can a landlord lock out a commercial tenant?

Question: We have a small hair salon in a Phoenix-area shopping mall. We recently fell behind on our rent, and the landlord notified us that our rent was delinquent and that the landlord had the right to terminate our lease and lock us out. Our landlord then accepted our late payment of the past due […]

Our neighbors’ landscaping is causing our block wall to collapse. What can we do?

Question: We bought a home in the Valley with a "clean" title insurance policy. A few months after we moved into the house, we noticed that the block wall in our backyard on our property between us and our neighbor was collapsing. The collapse was due to the neighbor's landscaping encroaching onto our property. Our […]

Do you need to use the standard seller’s disclosure form when you sell a house?

Question: In , you wrote about the owners of an Avondale home who recently died. Their daughter, the trustee under the family trust, lived in Mesa and had no knowledge of the condition of the Avondale home. Therefore, she did not want to complete the standard Seller's Property Disclosure Statement. Her listing broker, however, said […]

Arizona 12th priciest state to afford a rental home. Where is it cheaper?

Affording a rental home is pricey in Arizona, but several other states demand an even higher "housing wage." A household must earn rental in Arizona, according to the National Low Income Housing Coalition. That means an Arizona renter must earn almost $30 an hour and potentially have more than two jobs paying minimum wage to […]

Should a homebuyer get a condition of title report? What’s title insurance?

Question: We are purchasing a one-half-acre lot in Maricopa County for $140,000 cash. Although we are buying the lot as an investment, we are confused about title insurance. My father is a broker in another state, and he says that even if we don't plan to build a home on the lot, we need at […]

A short-term rental next door nixed a home sale. What happens to the earnest money?

Question: My husband is a U.S. Air Force jet pilot. We were stationed at Luke Air Force Base for three years but recently transferred to Eglin Air Force Base in Florida. We are temporarily living in base housing, but we wanted to buy a home as soon as possible after the sale of our Glendale […]

Former Arizona Cardinals General Manager Steve Keim sells Chandler mansion for $6M

Former Arizona Cardinals General Manager Steve Keim sold a Chandler mansion for more than $6 million, among the top five priciest metro Phoenix home sales during mid-April. A Colorado LLC called N Ironbridge paid cash for a 10,676-square-foot Paradise Valley mansion with six bedrooms and eight bathrooms. The home with views of Mummy Mountain is […]

Who’s responsible when an unexpected neighbor surprises homebuyers?

Question: We purchased an Arizona retirement home in August. Our seller was an investor, and many of their answers on the Seller Property Disclosure Statement said, “Unknown as never lived in house; buyer needs to do own research.” At the time of our home purchase, we were unaware that a shooting range was nearby, although […]

Want to buy a typical Arizona home? It takes a six-figure salary

Homebuyers need an annual income of $110,271 to buy a median-priced home in Arizona. That's up 65% from 2020, when it only , according to Higher home prices, interest rates and insurance costs are why. Read More

Need to make fixes on your mobile home? Most warranties last for shorter than you think

Question: Three years ago, we purchased a manufactured home that we installed in a mobile home park in the East Valley. Since then, we have had roof problems, and we now need a new roof. When we contacted the manufacturer, we were informed that there was only a one-year warranty. One of our neighbors in […]

Mountainside Fitness founder sells Paradise Valley home for $7M

The founder of Mountainside Fitness, restaurateurs who started Diego Pops and The Montauk and a doctor were among the buyers and sellers of metro Phoenix's priciest homes to sell during mid-March. A home designed by well-known architect Bill Hull was also one of the houses on the list. John Fleury, former president of Switch Electric, […]

Big parcel in north Scottsdale’s Silverleaf will go to highest bidder

A prime 6.7-acre piece of land in north Scottsdale’s posh Silverleaf community will go to the highest bidder at an April 6 auction. The site can be subdivided into two home lots, or it can house a 60,000-square-foot estate. Mansions in Silverleaf have sold for more than $25 million. Read More

Is a seller’s property disclosure still needed when a house is being sold ‘as is’?

Question: We told our listing broker that we wanted to sell our house “as is” with no repairs. Our listing broker has now brought us an offer, but this offer requires us to complete a Seller’s Property Disclosure Statement. Do we have to complete this disclosure statement if we are selling our home “as is” […]

Can our homeowners association stop us from putting up a ‘For Sale By Owner’ sign?

Question: We want to sell our Valley house ourselves and put a "For Sale By Owner" sign in our front yard. One of our neighbors is a real estate agent, and she says that the covenants, conditions and restrictions of our homeowners association only allow agents to put up "For Sale" signs. Don't we have […]

What can metro Phoenix homebuyers get for the median home price of $430K?

What homebuyers can find for metro Phoenix’s varies a lot by city. Buyers can find new houses in that price range on the Valley’s edges in Buckeye and Queen Creek. But in Scottsdale and Gilbert, $430,000 will get you a condominium and not a house. In Phoenix and Mesa, older homes farther out aren’t too […]

The lease has a ‘no pets’ clause, but tenants got dogs. What can a landlord do?

Question: We recently leased our house. The lease has a “no pets” provision. A neighbor with two small children called to complain about two big dogs our tenants had just acquired. Can we terminate the lease because of the dogs? Answer: If the dogs are a health and safety hazard, you can deliver five days’ […]

If there’s no homeowner association, who enforces the neighborhood’s CC&Rs?

Question: In our East Valley subdivision, we have never had a homeowner association. The result is that our covenants, conditions and restrictions requiring homeowner association approval of sports courts have never been enforced, especially in relation to the recent construction of three pickleball courts. One pickleball court is next to our primary bedroom. Who is […]

Scottsdale Silverleaf mansion with indoor ice skating rink on the market for $12.5M

A 12,030-square-foot north Scottsdale mansion with an indoor skating rink can be yours for $12.5 million. The Mediterranean-style home with eight bedrooms and 8.5 bathrooms is in the Silverleaf community, home to many of metro Phoenix’s priciest homes. The house also comes with a wine bar and a kitchen with granite countertops, two dishwashers and […]

There have been shootings in our apartment complex. Can we move out?

Questions: My wife and I live with our 2-year-old son in an apartment complex. Recently, in our apartment complex, there was a gang fight with several shots fired. We were terrified, especially about the possibility of additional gang shootings. We notified the property manager and moved out immediately, and we have been staying with my […]

When does Arizona law require an affidavit of disclosure for a land sale?

Question: Arizona law requires an affidavit of disclosure from the seller to the buyer if a parcel of unsubdivided land is sold in an unincorporated area of a county (i.e., land not located in a city or town). This affidavit of disclosure is recorded and requires disclosure by the seller of such things as whether […]

Scottsdale home on Phoenician golf course sells for more than $5 million

The priciest houses to sell in metro Phoenix during mid-January span from north Scottsdale and Paradise Valley to Phoenix’s Arcadia neighborhood. A dentist and a couple who own a California Italian restaurant were among the buyers. AEAGJK LLC paid cash for a 5,209-square-foot central Scottsdale home with views of the Phoenician resort golf course. The […]

How can a potential homebuyer get their earnest money back in Arizona?

Question: My husband and I signed an offer to buy a home in the East Valley, but the seller wants $30,000 earnest money. If we don't qualify for the mortgage, will we lose our $30,000 earnest money? Answer: Probably not. Under the standard Arizona Association of Realtors purchase contract, the purchase of the home is […]

We think our home has lost value due to a highway. Can we take a tax deduction?

Question: We purchased our home in the West Valley ten years ago. Our home is in a nice area but is near Interstate 10. The recent freeway expansion has increased noise and pollution, and we believe the value of our house has decreased by at least $100,000. If we get an appraisal substantiating this $100,000 […]

Jersey Mike’s Subs director buys Scottsdale home with outdoor kitchen for $5.8M

A franchisee of Jersey Mike’s Subs shops in metro Phoenix, an attorney and a life coach bought or sold metro Phoenix’s priciest home sales during mid-December. Jonna Scott paid cash for a 7,794-square-foot house with two offices and a library in north Scottsdale’s Silverleaf community. The house with four bedrooms and six bathrooms has game, […]

Can a landlord lock out a commercial tenant even after delinquent rent is paid?

Question: For 12 years, my sister has operated a business in a Phoenix-area shopping center. Last summer, she was delinquent in her rent, primarily because of season changes in her customer base. My sister eventually could pay the shopping center all of the delinquent rent, plus all of the shopping center's attorneys fees and costs. […]

Which homeowner association fees and fines can lead to a lien against a home?

Question: As I understand it, a homeowner association has an automatic lien against a home if the association's monthly dues are not paid. Thus, a buyer of the house would be responsible for any unpaid monthly association dues if not paid by the seller at the close of escrow. On the other hand, a homeowner […]

Phoenix-area pricey home sales: Mesa home with 2 family rooms sells for $3.3M cash

Buyers paid cash for five of the priciest metro Phoenix houses to sell during early December. A Mesa mansion with a pool house complete with a gym and multiple sports courts sold for $3.3 million. Avord Arizona Holdings paid cash for a new 7,446-square-foot Paradise Valley home. The house comes with nine bathrooms and a […]

Metro Phoenix housing market is balanced — for the moment. What’s ahead in 2024?

Metro Phoenix home prices ticked up in November. But the Valley’s housing market is ending 2023 on a pretty flat note despite interest rates inching down. After its roller coaster ride during the past few years — with spiking home prices and sales and then last year's slowdown — that's not a bad thing. Phoenix-area […]

Can a landlord show a house to prospective buyers while the tenants are out of town?

Question: We rent a house in the Valley. Our landlord is selling the house, and our landlord’s listing agent wants to show this home to potential buyers. We have valuable paintings and other furnishings in the home. Do we have to let the landlord’s listing agent show our house even when we are traveling? Answer: […]

Former NY Yankees pitcher pays $12.7M for Scottsdale home; Outfielder pays $3.6M

A former New York Yankees pitcher and an MLB outfielder bought two of the priciest houses to sell in metro Phoenix in late November. David Walling, a former New York Yankees pitcher who was a first-round draft pick for the team in 1999, paid cash for an 8,274-square-foot mansion in north Scottdale's Silverleaf community. The […]

Metro Phoenix still a top market for home building despite high rates. Here’s why

Home building in metro Phoenix took a hit like the resale market when interest rates started to ramp up last year. But the Valley is still one of the top metro areas for home building and is poised to see more new houses go up in 2024. Just look at the area's strong job, population […]

Developer plans to build more than 10,000 new homes in this metro Phoenix community

The first of 5,000 new homes in at Superstition Vistas will start selling next year on a swath of a 275-square-mile site expected to transform the southeast Valley. Brookfield Residential, which bought 1,400 acres of the vast Arizona State Land parcel called Superstition Vistas, has lined up four other homebuilders for the start of its […]

Metro Phoenix’s priciest home sales: $4.2M for Paradise Valley potential tear-down

A potential tear-down house in Paradise Valley with a pool in "rough shape" was among the priciest metro Phoenix homes to sell during mid-July. Christopher and Samantha Anderson paid cash for a 6,959-square-foot home on the Phoenix side of the Arcadia neighborhood. The two-story modern house has eight bathrooms. The number of bedrooms wasn’t listed. […]

Apache Junction area led metro Phoenix for home price increases in second quarter

Home prices in an area of Apache Junction shot up during the second quarter of the year more than in any other metro Phoenix neighborhood, and it’s still the most affordable part of the Valley. The Maricopa County portion of the East Valley's 85120 ZIP code, in the shadow of the Superstition Mountains, saw an […]

Our neighbors are nudists. Must we tell potential buyers when we sell our house?

Question: When our children are jumping on the trampoline in our backyard, they can sometimes see nude people socializing in our neighbor’s backyard. When we asked another neighbor about these parties, we were told our next-door neighbors are members of a nudist group, and that they have gatherings in their backyard on the weekends with […]

Metro Phoenix’s priciest home sales: Paradise Valley house with views of Mummy Mountain sells for $6M

A veterinarian and an attorney were among the buyers and sellers of the priciest metro Phoenix houses to sell during the second week of July. The houses were in north Scottsdale, Paradise Valley and on the south side of Camelback Mountain in Phoenix. The Thomas Arch Robertson Trust paid cash for a new 6,221-square-foot north […]

Will Arizona’s new water limits halt Phoenix-area home building? No, and here’s why

Home building in metro Phoenix hasn’t come to a grinding halt and isn’t expected to, despite new water restrictions for subdivisions on the area’s edges. And while the Valley’s water woes won’t help the area’s housing shortage, they aren’t going to make it substantially worse either, according to water and housing experts. Arizona’s water agency […]

Are there benefits to ‘community property with right of survivorship’ in home ownership?

Question: In a recent column, you discussed the benefit of spouses owning their home (or other real property) as community property with right of survivorship. You said that for a home owned as community property with right of survivorship, after the death of the first spouse, the surviving spouse is the sole owner of the […]

Neighbor says block wall fence is on their property. What are our rights?

Question: Four years ago, we purchased Lot 7 in our subdivision, which had been developed more than 30 years ago. In the last 30 years, there have been numerous owners of both Lot 7 and Lot 8. The Lot 8 owner recently had a survey done because he wants to build a gazebo in his […]

Our HOA sued a homebuyer and won. Can we recover legal fees?

Question: We live in a beautiful community of about two dozen homes. Our community's covenants, conditions and restrictions require any amendment of these rules to have the approval of the majority of the homeowners. Everyone in our community has always been opposed to short-term rentals. Therefore, when someone bought a home in our community last […]

A Phoenix couple’s home flooded twice. They say it’s the HOA’s fault. Now they’re in court

In August 2021, Nick and Josie Argyros woke up in the middle of the night to a thumping noise. Nick got out of bed to investigate the source of the sound and was alarmed when he found himself standing in ankle-deep water. “I thought it must've been from a pipe,” Nick Argyros said. “When we […]

We bought a home with a roof defect from a builder. Does the builder have to fix it?

Question: We bought a new home from a homebuilder four years ago. Last week, during heavy rainfall, we had a major roof leak. The next day, when we called the homebuilder's sales representative who sold the home to us, they said that we only had a two-year warranty for our home. The sales rep said […]

We have a title insurance policy for our house. Do we need more protection?

Question: We paid $650,000 cash three years ago to buy our Sun City home. At closing, we received a recorded deed and a title insurance policy from our escrow company. There are advertisements, however, on television to buy more title protection to “protect your title” or “don’t let internet thieves steal your home.” Can “internet […]