What Really Matters Legal Issues!

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Some real estate professionals suggest that determining a home’s environmental health is equally as important as determining its structural integrity. Over recent years, environmental concerns have become increasingly prominent in the news and media. Compelling stories of chronic diseases resulting from poor drinking water, radon, lead-based paint, mold, and mildew have created heightened concerns across America, bolstering interest in risk detection. For these reasons, general home inspectors may advise buyers to hire inspectors that can identify these factors if they are suspected. Various methods can be used to effectively manage all of the environmental problems discussed in this section.

However, they must be identified before any of these problems can be managed. Frequently, environmental consultants are employed to accomplish these responsibilities. With time, environmental evaluations have become a mainstay part of many real estate transactions. In some instances, these consultants are involved by environmental law firms, such that the information they identify is subject to the attorney/client privilege. This can be useful in the event significant issues are identified that cause regulatory requirements; however, the backbone to any identified issues is obtaining reliable environmental data regarding the property, effectively interpreting the implications, and managing the issues responsibly.

Updated 8/1/22

3-Hours Legal

 

Lessons

2 – Lead / Mercury Removal – What Really Matters Legal Issues!

Length: 5 minutesComplexity: Standard

🔊 Listen to Lesson Some minerals are essential to human health. Examples include calcium and magnesium, so not all waterborne contaminants are bad for our health. Examples of inorganic contaminants include but are not…Some minerals are essential to human health. Examples include calcium and magnesium, so not all waterborne contaminants are bad for our health. […]

3 – Radon Inspection & Lead Inspection – What Really Matters Legal Issues!

Length: 6 minutesComplexity: Standard

🔊 Listen to Lesson Testing for Radon Environmental testing beyond property water includes (but is not limited to) testing for soil and building structures for Radon. Radon is a radioactive gas that has been…Testing for Radon Environmental testing beyond property water includes (but is not limited to) testing for soil and building structures for Radon. […]

4 – Lead-Based Paint – What Really Matters Legal Issues!

Length: 6 minutesComplexity: Standard

🔊 Listen to Lesson Sellers must make the required disclosures before the buyer is obligated under contract to buy target housing (pre-1978)*  AAR added the following to sub-section 4c of the 2011 AAR Residential…Sellers must make the required disclosures before the buyer is obligated under contract to buy target housing (pre-1978)*  AAR added the following […]

7 – Environmental Issues MOLD – What Really Matters Legal Issues!

Length: 4 minutesComplexity: Standard

🔊 Listen to Lesson MOLD Molds are a normal and natural occurrence in nature. They serve important environmental functions by breaking down dead organic matter like wood and leaves. When it comes to indoor…MOLD Molds are a normal and natural occurrence in nature. They serve important environmental functions by breaking down dead organic matter like […]

8 – Finding Mold – What Really Matters Legal Issues!

Length: 5 minutesComplexity: Standard

🔊 Listen to Lesson Mold’s Water Source Within the Earth’s water cycle, water moves from the ground to the air and then back to the ground again. In this process, it changes from solid to…Mold’s Water Source Within the Earth’s water cycle, water moves from the ground to the air and then back to the ground again. […]

9 – Protecting your Interests – What Really Matters Legal Issues!

Length: 6 minutesComplexity: Standard

🔊 Listen to Lesson Protecting your Interests Given mold’s potential to be hidden, sellers and their real estate agents, along with a general inspector, are advised to inspect for hidden clues. The biggest of…Protecting your Interests Given mold’s potential to be hidden, sellers and their real estate agents, along with a general inspector, are advised […]

10 – Mold in the Home – What Really Matters Legal Issues!

Length: 6 minutesComplexity: Standard

🔊 Listen to Lesson Stories about Arizona homes infected with mold appear everywhere, in print and television. Is there a real problem, or is the media blowing everything out of proportion? How does this…Stories about Arizona homes infected with mold appear everywhere, in print and television. Is there a real problem, or is the media […]

11 – Geologic Considerations & Pool Inspection – What Really Matters Legal Issues!

Length: 6 minutesComplexity: Standard

🔊 Listen to Lesson Geologic Considerations Depending on the property’s history, the history of the region, or the recommendations of the general property inspector, it may be important to have a geological inspection completed.…Geologic Considerations Depending on the property’s history, the history of the region, or the recommendations of the general property inspector, it may […]

13 – Fraud in Real Estate – What Really Matters Legal Issues!

Length: 6 minutesComplexity: Standard

🔊 Listen to Lesson Fraud in Real Estate Introduction According to government law enforcement statistics, various types of mortgage and foreclosure fraud soared 800 percent in just the past five years. As much as $4.0…Fraud in Real Estate Introduction According to government law enforcement statistics, various types of mortgage and foreclosure fraud soared 800 percent in just […]

14 – Fraud in the Foreclosure Process – What Really Matters Legal Issues!

Length: 5 minutesComplexity: Standard

🔊 Listen to Lesson Fraud in the Foreclosure Process Scam artist makes good use of the foreclosure system and process. Foreclosure actions can be listed several times in newspapers, on county bulletin boards, and recently…Fraud in the Foreclosure Process Scam artist makes good use of the foreclosure system and process. Foreclosure actions can be listed several times […]

15 – Mortgage Fraud – What Really Matters Legal Issues!

Length: 6 minutesComplexity: Standard

🔊 Listen to Lesson Mortgage Fraud According to the Federal Bureau of Investigation, mortgage fraud is one of the fastest-growing white-collar crimes in the United States. The FBI reports a 40 percent increase in…Mortgage Fraud According to the Federal Bureau of Investigation, mortgage fraud is one of the fastest-growing white-collar crimes in the United States. […]

16 – Predatory Lending -What Really Matters Legal Issues!

Length: 6 minutesComplexity: Standard

🔊 Listen to Lesson Predatory Lending Up to this point, the discussion of mortgage fraud has focused on methods that individuals use to illegally or unethically pocket millions of dollars. In these cases, lending…Predatory Lending Up to this point, the discussion of mortgage fraud has focused on methods that individuals use to illegally or unethically […]

19 – Ethics in a REO Market – What Really Matters Legal Issues!

Length: 5 minutesComplexity: Standard

🔊 Listen to Lesson Feel Like the Rules of the Game Have Changed? Let the Code of Ethics Be Your Referee. CODE FUNDAMENTALS When you’re not sure what the ethical course of action is,…Feel Like the Rules of the Game Have Changed? Let the Code of Ethics Be Your Referee. CODE FUNDAMENTALS When you’re not […]

20 – REO Reality Check – What Really Matters Legal Issues!

Length: 4 minutesComplexity: Standard

🔊 Listen to Lesson Know the market. Do a thorough comparative market analysis on the subject property prior to writing the offer. Look for trends — is the market steady, declining? Look at the last…Know the market. Do a thorough comparative market analysis on the subject property prior to writing the offer. Look for trends — is […]

21 – REO Transactions – What Really Matters Legal Issues!

Length: 6 minutesComplexity: Standard

🔊 Listen to Lesson Arizona is reported to have one of the highest foreclosure rates in the nation. As a result, many REALTORS® are involved in the sale of properties that are owned by…Arizona is reported to have one of the highest foreclosure rates in the nation. As a result, many REALTORS® are involved in […]

22 -Arizona Properties – What Really Matters Legal Issues!

Length: 4 minutesComplexity: Standard

🔊 Listen to Lesson Most Arizona property foreclosures are by Trustee’s Sale, which is an out-of-court legal process defined by state laws. The process takes a minimum of 91 days from the first legal…Most Arizona property foreclosures are by Trustee’s Sale, which is an out-of-court legal process defined by state laws. The process takes a […]

25 – Land Use Controls – What Really Matters Legal Issues!

Length: 5 minutesComplexity: Standard

🔊 Listen to Lesson Introduction Land use controls are created and managed by local governments and are aimed at controlling a municipality’s growth and development, thereby regulating a community’s natural resources. States delegate this authority to…Introduction Land use controls are created and managed by local governments and are aimed at controlling a municipality’s growth and development, thereby regulating […]

26 – Easements – What Really Matters Legal Issues!

Length: 5 minutesComplexity: Standard

🔊 Listen to Lesson Easements An easement gives others the right to use someone’s land including the airspace above it. An easement is a right benefiting one piece of land (known as the dominant…Easements An easement gives others the right to use someone’s land including the airspace above it. An easement is a right benefiting […]

27 – Licenses – What Really Matters Legal Issues!

Length: 6 minutesComplexity: Standard

🔊 Listen to Lesson Licenses In real estate law, a license is a verbal or written agreement with a property owner that grants a person permission to access the property owner’s land. Licenses differ…Licenses In real estate law, a license is a verbal or written agreement with a property owner that grants a person permission […]

28 – Water Rights – What Really Matters Legal Issues!

Length: 5 minutesComplexity: Standard

🔊 Listen to Lesson Encroachments An encroachment is an intrusion of a building, improvement, or an object from one property owner’s land onto another property. Five of the most common encroachments include: Driveways Fences Garages…Encroachments An encroachment is an intrusion of a building, improvement, or an object from one property owner’s land onto another property. Five of […]

29 – Prior Appropriation Water Rights – What Really Matters Legal Issues!

Length: 6 minutesComplexity: Standard

🔊 Listen to Lesson Riparian Under riparian water rights, when an adjacent body of water is not navigable by commercial boat traffic, landowners technically own the land beneath the water, up to the center of…Riparian Under riparian water rights, when an adjacent body of water is not navigable by commercial boat traffic, landowners technically own the land […]

31 – Final Exam and Review – What Really Matters Legal Issues!

Length: 0 minutesComplexity: Standard

🔊 Listen to Lesson The Final is not timed. Once you have passed this final… For The  What Really Matters Legal Issues   Remember to PRINT OUT YOUR CERTIFICATE, and then you may move on…The Final is not timed. Once you have passed this final… For The  What Really Matters Legal Issues   Remember to PRINT OUT […]

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