The Arizona Biltmore has long been a destination of choice for discriminating travelers, couples seeking a pampering getaway in an historic setting, families looking for amenities and services for all ages, or would be homebuyers who are looking to purchase a Scottsdale or Phoenix home for sale.

Opening to great fanfare in 1929, the legendary Arizona Biltmore was the original Arizona resort, helping to set the stage for the development of the state into a major tourist destination. With its luxurious facilities and distinctive Frank Lloyd Wright-influenced design, the Biltmore has long been a playground for the rich and famous and has wined and dined literally multiple generations of celebrities.

Frank Lloyd Wright was actually the consulting architect on the Biltmore; he collaborated with a former student, Albert Chase McArthur, who was the elder brother of the resort’s original owners. (The McArthurs were wealthy Chicagoans who owned the local Dodge franchise). It was Wright’s first hotel project and remains the only existing hotel in the world with a Frank Lloyd Wright design.

The Arizona Biltmore was constructed entirely of “Biltmore Block,” a variation on a textile block first used by Wright to build private homes. The pre-cast blocks were made from desert sand on-site and created in 34 different geometric patterns inspired by the trunk of a palm tree. As a reminder that Arizona was known as the Copper State, the hotel was adorned with a glittering copper roof and the lobby boasts a gold-leaf ceiling that was, and still is, the second largest in the world after the Taj Mahal.

With the construction estimate of $1 million doubling, the McArthur brothers lost the hotel to one of the original investors in the project, chewing-gum magnate William Wrigley, Jr., who became the sole owner in 1930. Over the course of the next 43 years, the Wrigley family owned and operated the Biltmore and, under their aegis, it became world-renowned as a preferred luxury oasis for celebrities, heads of state, captains of industry and politicians and presidents. In 1973, the Wrigley family sold the resort to Talley Industries, and since that time, the resort has seen a wealth of stunning expansions and enhancements, achieving the highest luxury standards while faithfully preserving the Biltmore’s historic design and atmosphere.

Over the past eight decades, countless notables have enjoyed the Biltmore’s famed ambience and luxurious setting. The guest list includes ‘back in the day’ Hollywood stars such as Clark Gable and Carole Lombard, Gracie Allen and George Burns, Marilyn Monroe, Frank Sinatra and Bob Hope. Meanwhile, a list of more recent well-known guests includes George Clooney, Tom Cruise, Michael Douglas, Whoopi Goldberg, Steven Spielberg and Arnold Schwarzenegger.

Source: www.ArizonaBiltmore.com; information used with permission

Article Source: Russ Lyon blog

In Arizona, the most common types of deeds used to transfer an interest in real property are the general warranty deed, the special warranty deed, the quit claim deed and the beneficiary deed. As explained more fully below, the general warranty deed and the special warranty deed are used in most Arizona real estate law sales transactions to transfer the property. Quit claim deeds have no warranties, are more often used to clear up mistakes in title, or to change the estate in which the property is held (i.e., joint tenancy with right of survivorship, tenants in common, community property, etc.). Beneficiary deeds are used for estate planning purposes, to ensure that the property is transferred to the person(s) whom the owner desires, after the death of the owner, and without going through the probate process.



With a general warranty deed, the grantor (seller) warrants that he or she holds clear title to a piece of real estate and has a right to sell it to the grantee (buyer). The warranty is not limited to the time that the grantor owned the property, but extends back to the beginning of time. By providing a general warranty deed, a grantor warrants that (1) there are no hidden liens or encumbrances on the property (covenant against encumbrances); (2) that the grantor is the owner of the property and has the right to transfer it to the grantee (covenant of seisin); and (3) that if title ever fails, the grantor will compensate the grantee for any losses (covenant of quiet enjoyment or covenant of warranty). When one purchases a home a general warranty deed is probably the type of deed that they would receive from the seller.



A special warranty deed is similar to a general warranty deed. The difference is that with a special warranty deed, the grantor warrants the title against claims that arose only during the period of time that the grantor held title to the property, rather than from the beginning of time. For example, if the buyer purchased a home in 2000, but the buyer later learns that a deed back in the 1930's was forged, the buyer would have a claim against the seller under a general warranty deed but not under a special warranty deed (even if the buyer only had a special warranty deed, the buyer should still have a claim against the title company for the forged deed in the 1930's). This special warranty deed is used more frequently in commercial real estate transactions, but can also be used in the sale of any real property.



A quit claim deed was not originally designed to transfer property. As a practical matter, it has the power to transfer interests in property, but more accurately, the quit claim deed will “quit” or terminate any interest of the grantor in the property. If the grantor has no interest in the property, but quit claims it to another, the grantee receives nothing but a piece of paper. There are no warranties associated with a quit claim deed, which is why we recommend that it never be used to transfer a piece of property from a seller to a buyer of real estate.



A beneficiary deed transfers the grantor’s interest in the property to whoever is designated as the beneficiary on the deed. However, the beneficiary deed transfers no current interest in the property. The grantee will only receive the property upon the death of the grantor, and only if the grantor has not issued a subsequent beneficiary deed, or recorded a revocation of the beneficiary deed. One of the benefits of the beneficiary deed is that the transfer occurs without the need to open probate. A beneficiary deed must be recorded prior to the death of the grantor to be valid. Although a beneficiary deed transfers upon death an interest in real property, its intended use is as part of an estate plan designed to maximize the amount of assets transferred to the intended heirs. clgz05



Article Source: CLG Blog

Here is an interesting Arizona real estate law scenario: A seller signs a listing agreement with a list price of $200,000. The listing broker places this $200,000 listing in the Multiple Listing Service (“MLS”). The next morning the listing broker receives, at approximately the same time, cash offers for the $200,000.00 list price from two wealthy buyers. Neither offer has any contingencies, such as for financing or a home inspection. The seller decides not to accept either offer. Both buyers and their agents are outraged.

The first question is easy: Does a seller have to accept a full-price cash offer with no contingencies? The answer is no. The advertising of home for sale at a certain price in the MLS, in a newspaper, or by any other form of advertising is simply an offer by the seller for a buyer to make an offer. A seller is never required to accept an offer from a buyer, even if the offer is at or more than the list price. Under the standard listing agreement, however, if the seller rejects both offers, the seller will be in breach of the listing agreement and obligated to pay the listing agent the commission called for in the listing agreement.

The second question is more difficult: Does the listing broker owe a co-broke commission to either or both of the buyers’ agents? Under MLS rules a listing broker generally owes a co-broke commission to any MLS member who produces a ready, willing, and able buyer at the list price (or at a price agreed to by the seller). A buyer is ready, willing, and able if the buyer can perform under the contract, and there are no material contingencies. Therefore, if the two wealthy buyers could both perform under their respective contracts, and if there are no contingencies in their contracts, both buyers’ agents should be entitled to a co-broke commission from the listing broker, even if the listing broker has to pay twice the expected co-broke commission. (As stated above, in this situation the listing broker, in turn, has a claim against the seller for the commission called for in the listing agreement.)

How often is a listing broker obligated to pay two co-broke commissions? Extremely infrequently. The reason is that rarely does an offer, even a full-price offer, not have a material contingency. The Arizona courts have ruled that a financing contingency is a material contingency. A home inspection is probably a material contingency. One Arizona court, however, has ruled without significant discussion that a termite inspection is not a material contingency. Inasmuch as many buyers cancel based on a termite inspection, however, the better reasoning would be that a termite inspection is a material contingency. Even in those situations where two co-broke commissions are owed, however, a settlement is usually reached between the two brokerage firms.

Is there a problem? In my opinion, “If it ain’t broke, don’t fix it.” The MLS system is so successful because buyers’ agents know that, if a ready, willing, and able buyer is produced, at the list price (or at a price agreed to by the seller), the buyer’s agent will receive a commission, even if the transaction does not close.

Article Source: Combs Law Group blog

One of the most exclusive towns in the entire Phoenix metropolitan area, if not the entire state of Arizona, is the aptly-named community of Paradise Valley…and it’s no surprise that the region boasts some of the most luxurious high profile subdivisions the Valley of the Sun has to offer.



Although Paradise Valley is snuggled smack-dab in the center of the thriving metropolis of Phoenix, Arizona, it maintains an elegant, almost rural-like ambience. The stunning homes and glamorous real estate in Paradise Valley wow with a wealth of amenities ranging from state-of-the-art home theaters with a bevy of sink-right-in-recliners and high tech sound systems to full-size fenced tennis courts, beautifully appointed guest casitas and multi-car garages that sometimes feature capacity-expanding lifts. In addition, many homes flaunt grounds that rival high-end resorts in terms of immaculately manicured landscaping, alfresco kitchens, dining/dancing ramadas, tall swaying palm trees and smooth-as-glass swimming pools often accented with boulder-trimmed waterfalls, flaming fire-pots, cascading water sheers and spillover spas. Many communities are both gated and guarded, and quite a number of homes are accessed via private roads or are perched high above the valley on sloping hillsides and/or rugged mountainsides.



A sampling of some of the individual communities in Paradise Valley includes La Place Du Sommet and Mountain Shadows, both of which enjoy the security of a manned gate. The prestigious Mountain Shadows neighborhood also has an executive golf course, a year-round pool, and a fitness and recreation center. Clearwater Hills and Finisterre are also gated; full-time security officers and a card-pass entrance system help to ensure that residents receive the privacy they desire.



Some people feel that the crème de la crème of planned communities in Paradise Valley could very well be Judson Estates. Discriminating buyers looking for only the finest properties in town are sure to find what they are looking for in this distinctive neighborhood. Only a few lots are available, and the area is awash with custom homes filled with designer finishes and world-class fixtures.



For those who prefer hillside living, Camelback Lands and Mummy Mountain Park both boast incredibly beautiful homes with breathtaking views of shimmering city lights. Stonecreek Estates offers awe-inspiring mountain views, and lavish homes are the norm inside the Paradise Valley Country Club. Meanwhile, if you have horses, Sunburst Farms has homes with the requisite equine-oriented land and features.



Paradise Valley also has extensive golf properties located on prime real estate, and if you love nothing more than getting out on the links, owning a home nestled alongside a challenging course can truly be like heaven on Earth. Fortunately for golf aficionados, many of the town’s expansive homes have gorgeous views of a lush golf course.



For more information on the Town of Paradise Valley, visit their website.



Article Source: Russ Lyon blog