What is SPDS? (Seller Property Disclosure Statement)
If you're buying or selling a home in Arizona, the Seller Property Disclosure Statement—commonly known as the SPDS—is one document you don't want to overlook. It lets sellers disclose key details about a property's condition and helps buyers make informed decisions. While not legally required, the SPDS plays a vital role in avoiding surprises, reducing liability, and keeping transactions on track. Whether preparing to fill one out or reviewing one as a buyer, understanding what this document covers and why it matters can help you avoid costly issues later.
About Those Annoying "I Want to Buy Your Home" Messages
If you’re constantly getting “We want to buy your home” texts and voicemails, you’re not alone—and you may have legal grounds to fight back. What feels like a nuisance could earn you $500 to $1,500 per call. Find out your rights and how a real estate attorney can help.
Dear Sun City Residents: Your Elected Representative is Lying to You
Representative Kevin Payne writes that Recreation Centers of Sun City’s compliance with the Arizona Planned Community Act would put Sun City’s 55-plus age restriction in jeopardy. This is simply not true. Nothing in the Planned Community Act jeopardizes Sun City’s age restrictions.
Nevada Jury Awards $20 Million Against HOA for Failing to Maintain Swingset
The failure to maintain and repair can cost an HOA. In this case, the failure to repair a known faulty swing set will cost an HOA $20,000,000.00.
A Practical Guide to the Fair Debt Collection Practices Act
Codes of Conduct are all the rage in HOAs and condominium communities. Some associations are even attempting to insert these Codes of Conduct into their bylaws, declarations, and other governing documents. There's just one major flaw with Codes of Conduct -- they are invalid and unenforceable.
Consider what appears to be a fairly innocuous Code of Conduct:
Second Mortgages and Lines of Credit
Arizona law prohibits a lender from filing a lawsuit to collect on a home loan where the loan represents “purchase money,” that is, money used to purchase the property. This includes purchase money loans that are technically denominated as “home equity lines of credit” taken out at the time of the original purchase of the home. It also includes first, second, and even third mortgages where the money was borrowed as part of the purchase of the property
What happens after the bankruptcy discharge: An emerging (and disturbing) trend in foreclosure, bankruptcy, and HOA law
The prevalence of foreclosures in the real estate market has had several unexpected repercussions to distressed homeowners who have made the decision to walk away from their home. Banks appear to be unable, incapable, or unwilling to handle the volume of foreclosures, so a distressed homeowner may continue to own his or her home for months, and occasionally even years, after receiving a Notice of Trustee’s Sale (rather than the 90-days stated in the Notice).