On September 17, 2019 the WeMAR Surprise Luke AFB Map Task Force presented REALTOR® concerns to the Surprise City Council and asked repeal of city ordinance Article III – Disclosure of Luke Air Force Base Noise Levels.
WeMAR has been active in trying to get Article III, sections 26-66, 26-67 and 26-68 of the City of Surprise City Code repealed for more 10 years. At one point several years ago we were under the impression the most egregious portions had been changed. Last year, the City Code was uploaded to an online library. Members of WeMAR and Jim Zirbes, CE instructor, noticed the unchanged ordinance.
WeMAR met with City of Surprise staff in 2018. We were asked to give staff time to confirm the online version of the code was accurate and confirm the ordinance was as it appeared online. Due to several staff changes, we were unable to continue the discussion.
The WeMAR Surprise Luke AFB Map Task Force decided to present the issue to the Surprise City Council and request the ordinance be repealed. WeMAR Surprise Luke AFB Map Task Force members, Rae Goepfert (chair), Bill Gaddis and Jackie Martin, met to review the ordinance and craft their comments. I am happy to report they all did a wonderful job presenting to the City Council, pointing out the legal concerns, highlighting the professional standard of practice REALTORS® provide to their clients, the overwhelming legal consequences to REALTORS® and articulating the archaic nature of the ordinance.
Below are my comments to the City of Surprise City Council regarding this issue.
My name is Liz Recchia, Government Affairs Director for WeMAR – the West Maricopa
Association of REALTORS®.I am here to ask the Council consider the repeal of city ordinance Article 3, sections 26-66, 26-67, and 26-68. The Disclosure of Luke Air Force Base Noise Levels ordinance.
Under Arizona Revised Statues 28-8484, the seller of residential property is responsible to provide the military airport and ancillary facility maps to buyers before transfer of title.
Surprise ordinance conflicts with state statue in several ways and incorrectly targets REALTORS®.
1- City ordinance specifies a REALTOR® is any person employed to sell or lease homes or apartments. This is factually untrue. REALTOR® is a registered trademark of the National Association of REALTORS®. It is a voluntary, professional organization. Members of WeMAR who are real estate licensees are members of the National Association of REALTORS®, the Arizona Association of REALTORS® and the West Maricopa Association of REALTORS®. Members pay dues and promise to abide by a Code of Ethics. REALTOR® is not synonymous with real estate licensee. The effect of this part of the ordinance is to target REALTORS®.2- Under 26-67(a), there is a requirement that the Luke Air Force Base map be displayed with the approximate location of the homes or apartments being sold or leased clearly depicted. The City of Surprise contour map is not detailed enough to show locations with any accuracy and particularly challenging for brokerages listing, selling or leasing properties throughout the city. The online maps are much better for the purpose of identification and as, required by Arizona Revised Statues, are available for free at the Department of Real Estate website.
3 – Under 26-67(b), every REALTOR® must carry an 8 ½ x 11-inch copy of the map. It essentially requires a REALTOR® to carry the map at all times. A REALTOR® who does not carry the map when next door visiting neighbors, picking kids up from school, going to Church, grocery shopping or running errands, is in violation. 10 years ago, REALTORS® were in fact being cited for not having the map with them at all times. Only REALTORS® are required to carry the map all the time.
The truth is, online maps are easier, more accurate and more convenient, and targeting REALTORS® is unfair and counterproductive to the stated purpose – Full Disclosure.
State statue already provides that sellers must provide this disclosure, and the Department of Real Estate provides accurate maps online free to everyone.
The ordinance essentially shifts the state mandated burden of disclosure from the seller to the REALTOR® and only REALTORS®. Not all sales are REALTOR® procured – REOs, For Sale by Owners, Government Entities, and Corporate sales are just a few examples.
The ordinance excuses the seller from the state mandated disclosure requirement. REALTORS® who don’t carry a map are subject to a civil penalty and if there are three violations can be charged with a class two misdemeanor. That misdemeanor is reportable to the Department of Real Estate and considered at license renewal.
REALTORS® should not be targeted and the burden of legal disclosure should not be transferred from the seller to the REALTOR®. State statute is clear and city ordinance should not conflict with that. The standard of care in the real estate industry is well established and includes real estate professionals providing information and guidance to their clients.
We believe Article 3 should be repealed. It is unnecessary, burdensome and an inappropriate targeting of REALTORS®. We ask you to repeal this ordinance.
You may watch your WeMAR Surprise Luke AFB Map Task Force members present before the Surprise City Council. Item G – Call to the Public is the agenda item under which they presented their comments.
Mayor Skip Hall asked the City Attorney to consult Arizona Revised Statutes. Yesterday, I received a call from City of Surprise staff letting me know they are reviewing the ordinance in conjunction with Arizona Revised Statutes. I will keep you posted as this issue progresses.
Thank you Surprise Luke AFB Map Task Force Members
Rae Goepfert (Chair)
Bill Gaddis and Jackie Martin
WeMAR GAD: Advocating for private property rights, the right to private contract and YOUR Business!