Realty Executives Arizona Territory

Jesse Lapham

AZDRE# SA653894000 (520) 870-1142

Jesse Lapham

ABR, RENE, AHWD

Realty Executives Arizona Territory

Blog

What’s the Point of a Buyer Representation Agreement

(Published on - 9/3/2025 3:01:00 PM)

 

 BUYER REPRESENTATION

What’s the Point of a Buyer Representation Agreement in Tucson, AZ?

Clear, local guidance for Southern Arizona homebuyers

By Jesse Lapham, REALTOR® — Realty Executives Arizona Territory

What a Buyer Representation Agreement Is

A Buyer Representation Agreement (often shortened to BRA) is a written contract between you and a licensed real estate professional that puts your partnership in writing. It clarifies that your agent represents you and owes you fiduciary duties such as loyalty, confidentiality, and the obligation to promote your interests within the scope of Arizona law.

In short: the BRA makes your agent officially your advocate.

Five Reasons It Matters

1) Establishes the Agency Relationship

The agreement formalizes that the agent is working on your behalf, not the seller’s. That distinction becomes critical when it is time to negotiate price, repairs, timelines, and terms.

2) Outlines Responsibilities and Key Duties

The BRA sets expectations on both sides. Typical services include market analysis, scheduling and attending showings, drafting offers and counteroffers, coordinating inspections, managing timelines, and guiding you through the closing process. You will know what your agent is doing and what you need to do to keep momentum.

3) Clarifies Compensation

Real estate compensation is negotiable and should be transparent. The BRA explains how your agent will be paid and under what circumstances. In many Southern Arizona transactions, the seller offers Compensation to the buyer’s agent, but terms can vary by property and agreement. Getting this in writing eliminates guesswork and prevents last-minute surprises.

4) Provides Legal Protection

Putting terms in writing protects both parties. You receive the assurance that your agent is accountable and operating within Arizona rules and brokerage policies. Your agent gets a clearly defined scope of work and authority to act on your behalf with your permission.

5) Ensures Commitment

Home searches require time, attention, and strategy. A signed BRA signals a two-way commitment: you agree to work with your agent, and your agent commits resources to help you secure the right home in Tucson, Oro Valley, Marana, Vail, Sahuarita, Green Valley, and surrounding areas.

What’s Typically Included in Arizona

  • Start and end dates for the representation period
  • Geographic area and property types covered
  • Services to be provided by the agent and brokerage
  • How communication and decision authority work
  • Compensation terms and any retainer or minimums, if applicable
  • Consent provisions, such as limited dual representation, if permitted and elected
  • Termination conditions and what happens if you purchase after the term
  • Brokerage-level disclosures and legally required notices

Note: Exact forms and clauses vary by brokerage and may be updated over time. Review the document with your agent and ask questions before signing.

How Compensation Works

Compensation is not one-size-fits-all. Your agreement will explain the structure, so you understand it before touring homes.

  • Seller-offered Compensation: Frequently, the seller offers Compensation to the buyer’s agent via the listing. If sufficient and acceptable under your BRA, this may satisfy your agent’s fee.
  • Buyer responsibility: If a property offers partial or no cooperative compensation, your BRA can specify whether you will cover the difference or skip those properties. Transparency avoids misunderstandings.
  • Everything is negotiable: Scope, fee, and structure are negotiated in writing between you and your agent.

Common Myths and Clarifications

Myth: Signing a BRA locks me in no matter what

Fact: The BRA includes a clear start and end date and can outline termination terms. Many buyers choose a short initial term to confirm a good fit, then extend it.

Myth: The agent gets paid twice

Fact: The agreement prevents double-payment by documenting a single compensation path and how outside offers of Compensation apply.

Myth: I lose control of decisions

Fact: You remain the decision-maker. The BRA authorizes your agent to advise, draft, and communicate on your instructions.

How to Make Sure the Fit Is Right

  1. Ask for a clear outline of services and response times.
  2. Discuss neighborhoods, schools, commute, and lifestyle priorities specific to Tucson.
  3. Review compensation scenarios for listed homes, new construction, and off-market opportunities.
  4. Set expectations for showings, offer a strategy, and negotiation style.
  5. Confirm the termination and renewal terms before signing.

What to Bring to the First Meeting

Pre-approval details

Lender letter or proof of funds to align price, payment, and timeline.

Wishlist and deal-breakers

Beds, baths, location, schools, yard, HOA preferences, accessibility needs.

Scheduling constraints

Touring availability, lease end dates, and target move-in window.

Questions for your agent

Local comps, offer tactics, inspection norms, and typical timelines in Pima County.

 

Start Your Tucson Home Search With a Written Plan

If you are considering buying in Tucson, Oro Valley, Marana, Vail, Sahuarita, or Green Valley, I would be honored to be your advocate. We will review the Buyer Representation Agreement together, set expectations, and tailor a strategy to your goals.

Call or text (520) 870-1142 or email Tucson@azjesse.com to schedule a no-pressure consultation.


The Real Story: Tucson Real Estate Is About People, Not Headlines

(Published on - 8/21/2025 4:32:58 PM)

If you’ve been following the national news lately, you’ve probably seen the doom-and-gloom headlines about real estate. “The market is crashing.” “Nobody’s buying homes.” “It’s not a good time to sell.”

But here’s the truth: Headlines aren’t transactions — and real estate is happening every single day in Tucson.

Numbers Are Numbers

This past week alone, 243 homes went under contract in Southern Arizona.
That’s not speculation, that’s not a prediction — that’s a fact, pulled directly from our Multiple Listing Service (MLS).

Week after week, buyers are making moves and sellers are finding success. Are the conditions different than they were two years ago? Absolutely. But the reality is that homes are still being bought and sold in every price point, every neighborhood, every week.

Beyond the Numbers: Real People, Real Moves

The market isn’t just numbers on a chart. It’s families who need a bigger backyard.
It’s first-time buyers tired of renting.
It’s retirees downsizing into something easier to maintain.

Every transaction represents a real person making a real decision about their life — not just chasing a market trend.

Why Headlines Miss the Mark

National media loves big, sweeping statements. But Tucson isn’t New York, San Francisco, or Phoenix.
Our market has its own rhythms, its own needs, and its own community.

When the news paints everything in extremes, it creates fear instead of clarity. Fear keeps people frozen. Facts help people move forward with confidence.

What’s Right for You

Here’s what I tell my clients:

  • If the numbers align with your goals, it’s the right time.
  • If buying gives you stability, it’s the right time.
  • If selling gets you closer to your next chapter, it’s the right time.

It’s not about chasing the perfect market. It’s about finding what’s right for you and your family — and that looks different for everyone.

Let’s Talk About Your Numbers

As a Tucson Realtor with over a decade of experience, I focus on relationships over transactions. My job isn’t to push you into a decision — it’s to help you understand the facts so you can make the right move for you.

So the next time a headline makes you wonder if now is the “right time,” remember:

  • Real estate is still moving.
  • People are buying and selling every day.
  • Your decision should be based on your goals — not someone else’s headline.

If you’d like to see the numbers for your neighborhood or your specific situation, let’s connect:

Call/text me at (520) 870-1142
Email: Tucson@azjesse.com
Website: AzJesse.com

Because in Tucson real estate, the only numbers that truly matter are the ones that work for you.


Decoding the Arizona Purchase Contract — Without the Legal Headache

(Published on - 8/13/2025 6:19:43 PM)

<!doctype html>

Decoding the Arizona Purchase Contract — Clear, Engaging, and Exact

Arizona Real Estate Guide

Decoding the Arizona Purchase Contract — Without the Legal Headache

A clear, plain-English walkthrough of the Residential Resale Real Estate Purchase Contract so you know what you’re signing and why it matters.

Author: Jesse Lapham, Realty Executives Arizona Territory
Updated: August 13, 2025

Buying or selling a home in Arizona is exciting, and the contract is the roadmap that gets everyone from accepted offer to closing. Below is a concise translation of the key sections in the Arizona Association of REALTORS® Residential Resale Real Estate Purchase Contract.

1) The Basics: Who, What, Where, How Much

Parties and Property

It names the buyer(s) and seller(s), identifies the property, and sets the full purchase price and earnest money. Fixtures convey unless excluded; agreed personal property can be added.

Closing & Possession

Closing occurs when the deed records. Funds must be at escrow in time for the agreed date. Possession typically transfers at closing unless both parties agree otherwise.

Pro tip: All-cash buyers attach proof of funds. Failing to deliver closing funds after a cure notice can be a material breach that risks your earnest money.

2) Financing: Loan, Appraisal, and Deadlines

Loan Contingency

Your obligation to close depends on getting loan approval without prior-to-document conditions at least three days before closing. You must keep the seller updated with the Loan Status Update when requested.

Appraisal

The property must appraise at or above the purchase price, unless you agree to proceed or cover any shortfall. If it appraises low, you have a short window to cancel and recover earnest money.

Pro tip: Not locking your rate or not having your down payment ready is not an excuse under the loan contingency.

3) Title & Escrow: How Ownership Transfers

Title Commitment

Escrow delivers a title report and referenced documents. You generally have five days to review and object to issues that affect ownership or use.

Prorations & Fees

Taxes, HOA dues, rents, irrigation, and certain fees are prorated as of the closing date. Escrow fees are typically split unless negotiated otherwise.

4) Disclosures: What You Must Receive

SPDS & Claims History

The seller provides the Seller’s Property Disclosure Statement and a five-year insurance claims history (or for the time owned). You can disapprove within your inspection timeline.

Lead-Based Paint & Affidavits

Homes built before 1978 require lead-based paint disclosure. Rural, non-subdivided transfers may require an Affidavit of Disclosure. FIRPTA rules apply if the seller is a foreign person.

5) Warranties & Condition

The home is sold in its present physical condition as of contract acceptance. The seller must keep it substantially the same through closing and remove non-included personal property and debris.

Pro tip: Material, latent defects known to the seller must be disclosed. Buyers warrant they can perform and that they are not relying on verbal statements outside the contract.

6) Due Diligence: Inspections and Options

Buyers typically have a 10-day inspection period to investigate condition, permits, insurance availability, square footage, flood status, and more. Pool barrier rules and wastewater/sewer status are buyer responsibilities to verify.

Your Choices After Inspecting

  • Cancel and recover earnest money (if you specify allowed reasons on time), or
  • Request repairs in one written notice and negotiate solutions.

Walkthroughs & Home Warranty

Final walkthroughs confirm agreed repairs and same condition. Either party can purchase a home warranty if negotiated.

Pro tip: Verbal discussions do not extend deadlines. Use the proper written forms and stay within timelines.

7) If Things Go Sideways: Remedies

If someone does not perform, the other side may issue a three-day cure notice. If the issue is not cured, it becomes a breach—then the non-breaching party may cancel and/or pursue remedies. For certain buyer breaches, the seller may keep the earnest money as liquidated damages.

Disputes are mediated first; unresolved issues can go to binding arbitration unless a party opts out after mediation.

8) The Fine Print That Matters

  • Risk of loss: Damage before closing is generally the seller’s responsibility; very large losses allow either party to cancel.
  • Time is of the essence: Every deadline is real.
  • Broker compensation: Always negotiated between client and broker, never set by law.
  • Notices: Delivery methods are specified; use them to protect your rights.
  • Subsequent offers: Sellers may accept backups until closing.

Want this decoded for your exact situation?

Every transaction is unique. If you’re buying or selling in Tucson or Southern Arizona, I can walk you through this contract line by line, coordinate inspections, and keep the deal on track.

Call 520-870-1142 or Email Tucson@azjesse.com

Copyright © 2025 Jesse Lapham, Realty Executives Arizona Territory. This article provides general information and is not legal or tax advice. Consult appropriate professionals for your circumstances.


Understanding Real Estate Compensation in Your Listing Agreement

(Published on - 8/13/2025 5:13:38 PM)

The Listing Agreement: Your Home-Selling Playbook (Without the Legal Headache)

If you’ve ever tried to read a real estate listing agreement cover-to-cover, you know it can feel like reading a warranty for a spaceship.

But here’s the thing: this document is hugely important. It sets the rules for how your home will be marketed, shown, and (fingers crossed) sold. And if you’re a buyer? You’ll want to know what it says, too—it can affect you more than you think.

Let’s break it down in plain English, keep it light, and make it worthwhile.


What Even Is a Listing Agreement?

Think of it as your exclusive VIP contract with your real estate agent.

  • You grant them the exclusive right to sell your home for a specified period.
  • “Exclusive” means: if the house sells while this agreement is active—no matter who finds the buyer—your agent’s brokerage earns the agreed commission.

It’s your home-selling “define the relationship” conversation with your agent.


The 7 Key Parts (Without the Lawyer Lingo)

1. The Timeline

  • Start date plus end date = how long your agent is officially on the job.
  • If you accept an offer before the end date, the agreement will continue until the closing day.

2. What’s Included Salehe Sale

  • Anything attached to the house stays (lights, built-ins, landscaping, etc.), unless you say otherwise.
  • Bonus items, such as appliances or patio furniture? Only if both sides agree in writing.

3. Price & Terms

  • You and your agent agree on a starting price.
  • Price changes require your written approval.

4. How Agents Get Paid

Your listing agreement spells out three different commission situations:

  • Listing Side Compensation – What you pay your agent for representing you in a sale.
  • Unrepresented Buyer Fee – If a buyer comes along without their agent, your listing agent may handle the entire process (still representing you) and earn an additional fee for the extra work.
  • Buyer’s Agent Compensation (optional) – This isn’t about setting a dollar amount in the MLS. It’s simply whether you allow your agent to tell other agents that you might be open to offering buyer’s agent compensation—if it’s negotiated in an offer.

Reminder: Every part of commission is negotiable between you and your agent—there’s no one-size-fits-all number.

5. How Your Agent Represents You

  • Your agent owes you loyalty, confidentiality, and advocacy.
  • Dual agency (one brokerage representing both buyer and seller) is allowed only if you agree.
  • All parties must be treated honestly and fairly.

6. Marketing & Showings

  • You choose whether to allow yard signs, photos, videos, and access to the lockbox.
  • Once you give the go-ahead, your agent can promote the property online, in print, and across the MLS.

7. Your To-Do List as the Seller

  • Keep the property in good shape until closing.
  • Keep utilities on.
  • Allow access for showings and inspections.
  • Disclose any known issues.
  • Remove personal items and trash before the buyer takes possession.

If You’re a Buyer

  • This agreement determines if the seller will pay your agent, or if that’s something you need to negotiate.
  • You can request seller-paid agent compensation in your offer—it’s negotiable.
  • Unless you’ve agreed to dual agency, the listing agent works for the seller.

Bottom Line

A listing agreement is less about fine print and more about setting clear expectations. When everyone understands the rules, selling a home runs smoother—and buying one feels less like a mystery novel.

If you’re ready to sell (or want to review the playbook), I’ll walk you through it in everyday language—no legal dictionary required.

Jesse Lapham | Realty Executives Arizona Territory
(520) 870-1142 | Tucson@azjesse.com


Open Houses Aren’t Just for Buyers—Here’s Why to Stop In

(Published on - 8/4/2025 10:25:05 PM)

Why You Should Stop By an Open House

Why You Should Stop By an Open House

By Jesse Lapham, Your Trusted Tucson Real Estate Partner


What’s the Real Value of an Open House?

You’ve seen the signs—maybe on your way to brunch or running errands. But what’s really the point of an open house?

Whether you're buying, selling, or just curious, open houses offer a chance to explore real estate in a way that’s casual, informative, and full of opportunity.

They’re not just about checking out a floor plan or granite countertops. They’re also one of the few places in real estate where you can meet a potential agent—in a neutral environment—without obligation.

While referrals are the gold standard for most buyers and sellers, sometimes it’s worth vetting someone for yourself. Open houses give you a chance to see how an agent communicates, how they represent a property, and whether their style clicks with your needs.

And if you’re thinking about selling? It’s the perfect way to get a feel for how your own home might show—and what buyers react to most.


A Changing Landscape for Buyers

The days of calling your friend who’s an agent and having them drop everything to open a door are mostly behind us.

With recent changes in industry practices and buyer agent compensation structures, most agents now require a signed agreement before showing a home. That agreement outlines how they’ll be paid and confirms your working relationship.

Understandably, many buyers hesitate to sign paperwork just to see one house.

That’s where open houses come in. They offer a no-pressure opportunity to walk through a home without committing to an agent up front. Just remember — the agent hosting the open house typically represents the seller. While you can certainly ask questions and gather insights, their duty is to the seller unless you choose to work with them directly.

Still, it’s a great way to explore a home, neighborhood, or even start building a connection with someone you might want to represent you down the road.


Who Shows Up at Open Houses?

  • Serious Buyers: actively looking to write an offer soon
  • Future Buyers: getting a feel for neighborhoods and layouts
  • Curious Homeowners: looking for remodeling or staging ideas
  • Buyers’ Agents: scouting for clients
  • Neighbors: who’ve always wanted to see inside (and might be next to sell!)

No matter your reason, it’s okay to just stop in, browse, and ask questions. There's no need to pretend you're further along in the process than you are.


Why Open Houses Work

  • No Pressure, Just Possibility: You control the pace and the conversation.
  • Vet Agents In-Person: A quick hello or casual chat can help you decide if that agent could be your advocate later.
  • See Real Homes Up Close: Online photos never show the full story. Smells, natural light, layout flow—it all clicks (or doesn't) in person.
  • Test the Market: Thinking of listing your home? Touring provides valuable insights into your competition and pricing.

Tips to Get the Most Out of It

  • Greet the host and sign in—it’s courteous and sometimes required for safety.
  • Respect posted rules like removing shoes or staying out of closed rooms.
  • Be honest if you're just browsing, testing the market, or already have an agent.
  • Ask questions, even if the host doesn't have all the answers. (They can usually find out!)
  • Don’t be afraid to follow up after with your thoughts or feedback.

Bottom Line

Open houses are like open doors—welcoming you into the local market, one property at a time. Whether you're looking, learning, or just love real estate, there's value in showing up.

In fact, when someone calls me—even with the highest level of trust, like a referral from a past client—I often still invite them to stop by my next open house. Why? Because it’s a low-pressure, casual way to meet, observe, and start building the connection that matters most in any real estate journey.

And hey, if you're still searching for the right agent, let the experience guide you. Casual conversations often lead to trusted partnerships.

So the next time you see an “Open House” sign, take the detour. You might just find more than a great floor plan—you might find your next move.

azjesse.com | (520) 870-1142


Posts

;

Questions? Need Advice? Complete this form for more information.

Contact Information::










Copyright 2025 Realty Executives All Rights Reserved

ABR, RENE, AHWD

Jesse Lapham

Contact
Disclaimer: Each office independently owned and operated. Please disregard this message if you are already under contract with another real estate professional.