Jay Thompson

Kirsten -

Difficult question to answer (and for you to ponder!)

Yes, you would be "selling low", but as Sal mentioned, keep in mind that you'd also be "buying low". Wait for your home to appreciate more, and everyting else will likely be appreciating right along with it....

Without knowing a lot more about your financial (and life) situation, there is really no way to know what is best for you.

I would suggest talking to a good mortgage lender (a financial planner couldn't hurt either). They should be able to sit down with you and "crunch the numbers". What you can *qualify* for and what you can *afford* may be two completely different things. With the right lender, there wouldn't be any cost, or hassle/obligation) to have a frank discussion. They would be able to advise you best of available mortgage products that might fit you and all your particulars.

Make sense? - A few hours ago

Have you tried discussing your dissatisfaction with the agent's broker? The broker is the agent's "boss" (not technically, but as close as an independent contractor gets to having a boss). They are responsible for them in many ways, and as a broker, I can assure you that I would want to hear from a client that had your sort of experience. - Yesterday, 17:41

Wendy -

The lowest price home currently listed in Paradise Valley is $475K.

There are currently 476 homes listed for sale in PV. The 451 of them are over $1,000,000.

It's the most exclusive area of Phoenix. I don't think 85050 is in PV.

Are you referring to Paradise Valley the city, or Paradise Valley School District?

Please be aware that real estate agents can't legally answer questions like "what is a 'good" neighborhood". (thought I suspect someone will do just that.) - Yesterday, 07:29

Edenliving -

No question that every child should learn to swim. But the fact is, most drowning victims know how to swim. Swimming lessons aren't a foolproof prevention measure by any means. An effective safety barrier is a far better solution.

(though sadly, kids drown every year in pools with fences/barriers. Someone leaves the gate open, the kids climb up and unlatch it, whatever)

The only fool-proof answer is to watch your kids around water EVERY SECOND of EVERY day.

Last week here, a one-year old was napping with his mom. He got up, wandered outside (because the door was left open so the dogs could go in and out) and fell in the pool.

He's dead now. - Mon May 12 2008, 06:55

Rhonda -

One possible solution to the "ugly fence problem" might be a pool safety cover. They can be a bit of a hassle to put on and take off (though automatic versions are availble - $$). I've seen several and they look very nice.

The link below is just one example. Try Googling "pool safety covers" for more options. - Fri May 9 2008, 12:17

"Even in Arizona, from a re-sale standpoint it is very rare that people are looking for a pool"

Very rare? That's certainly not my experience. But I work in Arizona, not Kansas. I'd say about a third of our buyers won't look at a home without a pool. But there's also a third that won't look at one with one. So that's about a wash.

It is very expensive to fill in a pool, and if you do it, make sure to properly landscape over and around it so you don't walk out in the back yard and say "there used to be a pool there". (happens a LOT)

As for resale, there is a lot that goes into that. Size, condition, style, number of homes around you with one, location of nearest community pool, etc. I wrote a blog post about the very topic last summer. It's linked below.

Good luck with whatever you choose!! (and be SURE to use a reputable company if you decide to fill it!!!) - Fri May 9 2008, 07:11

Mark -

You wrote, "You may be able to lodge a complaint with them also".

With all due respect, lodge a complaint for what? A complaint about the builder following and holding to the terms of a contract??

Don't get me wrong, I'm not in favor of the big bad builder here. I would like to think that reasonable people could come to terms and make reasonable adjustments given the situation.

But let's be honest. A contract was entered into, and agreed upon by both parties. Now one party to the contract wants to break it.

So we tell them to complain to regulatory agencies, and go after them in the court of public opinion?

I think the situation "S" is in is awful, and I feel terrible for her, really I do. But the fact is (from the info we have before us) they are under a contract, and they have legally binding obligations to execute the terms of that contract or risk the consequences -- chiefly loss of their earnest money.

I suggested an attorney rather than being a "squeaky wheel" because it is an attorney who is in the best position to analyze the terms and conditions of the contract to "find a way out". Should S and her husband chose to go the route you suggest, I can only say that I hope they don't say or do something that digs them deeper into a hole. One misstep in their full-frontal assault on the builder could slam shut any loop hole that an attorney might be able to find. - Wed May 7 2008, 06:13

"Do we have any recourse?"

As harsh as it sounds, probably not.

But you *really* need to speak to an attorney. Did you have your own agent representing you, or did you go through the builder's agent (who of course, has the builders best interest in mind). If you had your own agent, speak with them as well.

If there are any provisions for disability/loss of income (which is unlikely) they would be in your contract. I'm not aware of any sort of statute of limitations on earnest money. The handling and refunding is all outlined in your contract. You *might* have some sort of way out if the loss of income means you can no longer get financing.

But there could also be non-refundable clauses in your contract.

Did you use the standard Arizona Association of Realtors Purchase Contract, or the builder's contract?

To reiterate, you *really* need to speak to an attorney. - Wed May 7 2008, 00:30