AZ Disclosure and Consumer Protection

Real estate companies can avoid penalties for making accidental calls to numbers on the DNC list

by developing and enforcing procedures that comply with DNC requirements, training staff on procedures, documenting processes used in making calls, and updating records as required.

Violators may be subject to fines of as much as

$41,484 per violation, and each call may be considered a separate violation.

Sellers and telemarketers are required to check the DNC registry at least once every

31 days and drop disconnected, registered, or reassigned numbers from their contact lists.

Real estate professionals can call consumers with whom they have established business relationships for up to

8 months after the clients' last purchase, delivery, or payment, even if the client is registered with the DNC list.

For homes built before 1978

Federal law requires a lead-based paint disclosure

The Seller Property Disclosure Statement

Licensees have a duty to disclose Material, Adverse, Actual and Physical information to potential buyers

Adverse Information

Negative information is adverse and would reduce the property's value.

Do not call requests and the DNC registry are effective

Permanently

Disclosures for Properties Near Military Facilities and Airports

Real estate professionals and Sellers must disclose the proximity of public and private airports, military installations, training routes, restricted airspace, and accident-potential zones to consumers.

The National Do Not Call Registry

Real estate professionals can call consumers with whom they have established business relationships for up to 18 months after the clients' last purchase, delivery, or payment, even if the client is registered with the DNC list and call clients for up to three months after an inquiry or application. Any time a consumer asks to be removed from the call list, the company must comply immediately.

Information That Does Not Need to Be Disclosed

The property is located near a sex offender (this is public information). The previous owner was diagnosed with AIDS or HIV. A suicide, natural death, murder, or felony happened on the property. The sellers believe the property is haunted.

Physical Information

The licensee must disclose any adverse material facts about the physical condition of the property.

Actual Information

The licensee must have actual knowledge about the physical condition of the property (i.e., he or she can plainly notice the evidence).

Telephone Consumer Protection Act (TCPA)

This act includes rules about when and why a telemarketer (including real estate professionals) can call a consumer. Calls before 8 a.m. or after 9 p.m. Anonymous calls Calls to cell phones "Robo-calls"

Privacy Act of 1974

established what information could be collected and maintained by federal agencies and guaranteed certain consumer rights.

Material Information

if it would influence whether or not a buyer would purchase the property.

The state or governing body needs to file a record of an airport influence area

in the recorder's office for each county that has property in the airport influence area.

Federal Trade Commission (FTC)

is charged with enforcing privacy policy and other consumer protection laws.

The Comprehensive Loss Underwriting Exchange (CLUE) report

is required when using an Arizona Association of REALTORS® purchase contract. The contract requires that sellers provide to buyers a five-year insurance claims history on the property (or a history that covers the length of time the seller has owned the home if fewer than five years)

Gramm-Leach-Bliley Act

limits when financial institutions may disclose information to third parties, requires notice of sharing practices to be clear and conspicuous, and requires that consumers be able to opt out of that sharing.

The Do Not Call Implementation Act of 2003

makes it illegal to solicit any household on the Do Not Call Registry via telephone there is an existing business relationship.

The Junk Fax Prevention Act of 2005

makes it unlawful to send unsolicited commercial messages via fax unless the sender has permission or a business relationship with the recipient.

CAN-SPAM Act of 2003

protects consumers from being bombarded with unwanted email solicitations

Real estate professionals may continue to contact clients for up to

three months after an inquiry or application has been made.

Fair Credit Reporting Act (FCRA)

was the first federal privacy act and set the foundation for privacy protection by establishing provisions to promote the accuracy, fairness, and privacy of information in files of consumer reporting agencies.

An affidavit of disclosure is required

when five or fewer parcels of land are being conveyed in an unincorporated area