2024A-05600-CHC-ROC Notice of Hearing & Packet MAILED 2024-05600.pdf

2024A-05600-CHC-ROC · Registrar of Contractors · 2024-11-01

REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Trina Bean , Case No. 2024-05600

COMPLAINANT, Docket No. 2024A-05600-CHC-ROC

v. NOTICE OF HEARING ON CONTESTED CASE Lindhorst Construction Consulting LLC License No. ROC 326547,

RESPONDENT. This Notice of Hearing is issued under A.R.S. § 41-1092.05(D).

HEARING INFORMATION The hearing is set for:

December 10, 2024 1:00 PM Samuel Fox Google Meet. A link will be provided directly from The Office of Administrative Hearings. Go to www.azoah.com to request to appear in-person.

If you have requested to appear in-person at the hearing, the hearing will be held at 1740 W Adams Street, Phoenix, AZ 85007.

You must attend this hearing. This is an adversarial hearing before an administrative law judge, and is conducted in a similar manner as judicial proceedings. Thus, you must be

prepared to present evidence, including witness testimony and documents, in support of your case.

STATEMENT OF LEGAL AUTHORITY AND JURISDICTION

The State of Arizona has determined that the licensing and regulation of construction contractors is a proper state function, and has vested authority in the Registrar of Contractors to administer Title 32, Chapter 10 of the Arizona Revised Statutes. A.R.S. §§ 32-1101 et seq. All hearings for alleged violations of Title 32, Chapter 10 are conducted under Title 41,

Chapter 6, Article 10. A.R.S. § 32-1156.

The statutes and rules governing the hearing can be found at: Arizona Revised

Statutes §§ 41-1092 to -1092.12, and Arizona Administrative Code R2-19-101 to -122.

PARTICULAR ARIZONA STATUTES AND RULES INVOLVED

The statutes and rules the Respondent is alleged to have violated are cited in the

complaint and citation, which were served on the Respondent on September 24, 2024. SHORT AND PLAIN STATEMENT OF THE MATTERS ASSERTED

The complaint and citation allege that the Respondent committed the following act(s): Charge: 1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Charge: 2 A.R.S. § 32-1154(A)(22)

THE PARTIES TO THE ADMINISTRATIVE HEARING Because Respondent is a licensee and is charged with an act(s) or omission(s) that is cause for the suspension or revocation of a license, Respondent is a party to this case and will be a party to the hearing. Because Complainant alleged Respondent committed an act(s) or omission(s) that is cause for the suspension or revocation of a license, Complainant is a party to this case and will

be a party to the hearing.

Respondent and Complainant, as the parties to the hearing, will present evidence and

argument to the administrative law judge.

The Registrar’s assigned investigator will appear as a witness at the hearing. RIGHT TO BE REPRESENTED The parties to the administrative hearing may choose to be represented by an attorney.

A.R.S. § 41-1092.07(B). If one of the parties is a company, the company may be represented

by an officer or employee if that person satisfies the conditions set forth in A.R.S. § 32-

1156(B).

CHANGE OF ADDRESS Each party must inform the Registrar and the Office of Administrative Hearings of any change of address within five (5) days of the change. A.R.S. § 41-1092.04.

HEARING PROCEDURES AND RULES The administrative hearing will be conducted in accordance with A.R.S. §§ 41-1092

to -1092.12, and A.A.C. R2-19-101 to -122. The parties should review the statutes, rules, and processes governing the administrative hearing. Copies of the statutes, rules, and articles regarding the administrative hearing process can be found at https://www.azoah.com/.

REGISTRAR’S APPEARANCE BY VIDEO CONFERENCE OR TELEPHONE

The Registrar’s investigators, employees, and attorneys will appear at the hearing via video conference or telephone unless requested by a party to appear in-person. Requests for the Registrar’s investigators, employees, or attorneys to appear in-person must be filed with the Registrar and the Office of Administrative Hearings no later than seven (7) calendar days prior to the hearing date.

HEARING PACKET

In the interests of administrative efficiency, the Registrar compiles and discloses

certain documents to the parties and the Office of Administrative Hearings. These documents are attached to this Notice of Hearing as the “Hearing Packet.” If any party wishes to submit additional evidence, they must do so during the hearing after completing a disclosure statement. See “Disclosure Statement” section below.

SUBPOENAS FOR TESTIMONY FROM A WITNESS OR DOCUMENTS

The parties to the hearing must be prepared to present evidence in support of their

case. If a party wants to obtain testimony from a witness or documents not in the party’s

possession, the party must prepare and file a written subpoena for the Administrative Law Judge to review and sign, if approved. A.R.S. § 41-1092.07(C). Forms for requesting a

subpoena can be found on the Office of Administrative Hearings’ website at www.azoah.com. The party seeking a subpoena must serve notice on all the parties to the hearing, and on the Registrar. A.R.S. § 41-1092.04.

DISCLOSURE STATEMENT

At least seven calendar days before the hearing, each party must prepare and serve a disclosure statement on all other parties, and file it with the Office of Administrative Hearings. A.A.C. R4-9-118; A.A.C. R2-19-108. The disclosure statement must include any exhibit the party will use at the hearing. A party’s failure to timely disclose any witness or exhibit, without good cause, may result in the administrative law judge excluding those witnesses or exhibits from being used at the hearing. A.A.C. R4-9-118(C). A sample disclosure form is available on the Registrar’s website at https://roc.az.gov/forms/RC-L-800A%20- %20Prehearing%20Disclosure%20Statement%2020191007v4.pdf

CHANGING THE HEARING DATE

The date of the hearing may only be advanced or delayed on the agreement of the

parties or on a showing of good cause. A.R.S. § 41-1092.05(C). The date of the hearing may

be changed by filing a written agreement of the parties to change the date of the hearing. The written agreement must be filed with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmitted to the Registrar and all other parties. The assigned Administrative Law Judge may be found on the Office of Administrative Hearings’ web portal at www.azoah.com

If a party would like to move the date of the hearing without agreement of all parties, the party must file a written motion with the Office of Administrative Hearings, directed to the assigned Administrative Law Judge, and transmit a copy to the Registrar and all other parties. The motion must state in detail good cause for why the date of the hearing should be advanced or delayed, and the position of all other parties regarding the advancement or delay. A party may also file a motion asserting a right to an expedited hearing upon a showing of

extraordinary circumstances or the possibility of irreparable harm. A.R.S. § 41-1092.05(E).

RESOLUTION SHORT OF ADJUDICATION In any case which is resolved or settled by the parties, or which is withdrawn by the Complainant without objection from Respondent after the Notice of Hearing is issued, the parties must notify the Office of Administrative Hearings of the resolution or settlement. Any such cases will be listed on the Registrar’s website and its records under the category: “Closed

Complaints – Resolved/Settled/Withdrawn.”

Dated November 1, 2024.

By: /s/ Erika Hoskin Erika Hoskin Legal Assistant II Legal Department Arizona Registrar of Contractors

Copy mailed via USPS First Class mail November 1, 2024 to:

Respondent(s) Lindhorst Construction Consulting LLC 4101 W Calle Lejos Glendale, AZ 85310-5537

Complainant(s) Trina Bean 27927 N 143rd Ln Surprise, AZ 85387

Copy sent electronically this same date to:

Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

Case No. 2024-05600 /

Hearing Packet FAQ What is the The Hearing Packet is a packet of certain documents collected or Hearing Packet? issued by the Registrar over the course of its investigation. Who gets the The Hearing Packet is assembled and distributed to all parties and Hearing Packet? to the Office of Administrative Hearings (“OAH”) prior to an administrative hearing. What types of The Registrar prepares a Hearing Packet for Complainant-Handled cases does the Cases and No-Pay Cases. Note: If the Docket Number on the Registrar prepare a Notice of Hearing contains a “CHC” or “NPC”, your case is a Hearing Packet for? Complainant-Handled Case or a No-Pay Case. What is in the The Hearing Packet contains essential case-specific documents and Hearing Packet? at a minimum will include the following documents: ● Original complaint; ● Citation; and ● Answer. The Hearing Packet will also contain the following documents (if applicable): ● Jobsite inspection notices, notes, and photos; ● Written directives; and ● Compliance inspection notices, notes, and photos. What if there are If there is any evidence you submitted to the Registrar that are not documents missing included in the Hearing Packet it is your responsibility to introduce from the Hearing that evidence at the administrative hearing. Note: The Packet? administrative law judge assigned to your case does not have access to the entire Registrar record.

If there is additional evidence you submitted to the Registrar during the investigation that you also want to introduce as evidence during your hearing, it is your responsibility to: ● Properly disclose that evidence to the other party; and ● Introduce the evidence during your hearing.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

How do I disclose You must properly disclose any and all documents and witnesses evidence I intend to you intend to use at your hearing according to the Registrar’s use at a Hearing? Prehearing Disclosure Rules. See Arizona Administrative Code Section R4-9-118. A sample prehearing disclosure form and instructions are provided to the parties by the Registrar. How do I obtain If you previously submitted documents to the Registrar and need a documents I copy of these documents, please contact the Registrar’s Legal previously submitted Department or submit a public records request at to the Registrar? https://roc.force.com/AZRoc/s/roc-public-request.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Within AZ 877.692.9762 · Fax 602.542.1599 · roc.az.gov Hearing Packet FAQ

Complaint #2024-05600 P 1 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 2 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 3 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 4 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 5 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 6 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 7 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 8 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 9 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 10 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 11 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 12 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 13 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 14 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 15 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 16 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 17 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 18 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 19 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 20 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 21 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 22 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 23 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 24 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 25 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 26 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 27 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 28 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 29 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 30 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 31 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 32 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Complaint #2024-05600 P 33 JSI date 7/10/2024 at 10:00 AM JSI PHOTOS Jobsite Inspection Notes

Case No.: 2024-05600 Investigator: Joey Chester Inspection Date: Monday, June 24, 2024 Inspection Time: 10:00 AM

Complainant: Trina Bean Respondent: Lindhorst Not Present: Construction Consulting LLC Not Present:

Jobsite General Notes: JSI occurred on Wednesday July 10th 2024 at 10:00am. Homeowner Trina and Chadd Bean were present along with Ryan from Lindhorst Construction Consulting. JSI photos taken with my Google Pixel Phone camera. JSI audio recorded with my Google Pixel Phone camera. JSI photos and audio have been placed into the ROC complaint file

Complaint Item 1: - Roof Tiles missing or chipped Investigator’s Observation: Verified missing tiles from roof, respondent to fix by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 2: - Back Patio Pillar stone cap broken, said it would be replaced Investigator’s Observation: Complaint item had been completed/corrected prior to this JSI. Governing Rule: Not Applicable

Complaint Item 3: - Deep Scratches on Sliding glass door and front door Investigator’s Observation: At time of inspection verified scratches at 15’ and received documentation to verify claim presented within 10 days of move in, respondent to fix by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Complaint Item 4: - Condensation in front Window Investigator’s Observation: Verified condensation on front window, respondent to investigate issue and correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 5: - Flooring throughout home is separating, spacing, gaps and pops when walked on. Deep scratch in kitchen Investigator’s Observation: At time of inspection verified, popping, scratches and boards separating, respondent to correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 6: - Countertops in kitchen, and bathrooms have rough texture, stain spots and scratches Investigator’s Observation: Verified scratches and stains upon countertops in kitchen and bathroom, received documentation to verify claim presented within 10 days of move in, respondent to fix by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 7: - Screens missing for sliding glass doors and windows Investigator’s Observation: The screens have not been installed at time of inspection, respondent to correct by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 8: - Drywall in Master Ceiling repair not finished Investigator’s Observation: At time of inspection spot in bathroom has yet to be completed, respondent to fix by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

Complaint Item 9: - Cabinets, warped not adjust properly and different colors Investigator’s Observation: Complaint item had been completed/corrected prior to this JSI. Governing Rule: Not Applicable

Complaint Item 10: - Garage doors missing supports Investigator’s Observation: Unable to verify, no evidence to prove or disprove complaint item is the responsibility of the Respondent. Governing Rule: Not Applicable

Joey Chester, Investigator (602) 771-6737 1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

[email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C011 12/23

Complainant: Trina Bean 27927 N 143rd Ln Surprise, AZ 85387

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Respondent: Lindhorst Construction Consulting LLC DBA: 4101 W CALLE LEJOS GLENDALE, AZ 85310-5537

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 July 12, 2024

License No. ROC 326547

Re:Complaint No. 2024-05600

WRITTEN DIRECTIVE FROM THE REGISTRAR

Dear Respondent:

After investigation, the Registrar determined that you failed to meet the requirements of A.R.S. § 32-1154(A), and now issues this Directive requiring you to take appropriate corrective action. Failure to comply with this Directive constitutes a violation of A.R.S. § 32-1154(A)(22) and may result in the issuance of a citation, discipline of your license, and a civil penalty pursuant to A.R.S. § 32-1154(E) of up to $500.00. You must notify the Registrar’s assigned Investigator of your compliance with this Directive prior to 5:00 p.m. on Friday, August 9, 2024.

RESTRICTIONS • You may not perform or hire other contractors to perform work that is outside the scope of your license. • If your license is currently suspended for administrative reasons 1, or is inactive, expired, or cancelled, you may not perform any corrective work nor contract in any manner, which includes hiring other contractors to perform work, until the suspension of your license(s) has been lifted or your license(s) has been reactivated.

DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

Complaint Item 3: - Deep Scratches on Sliding glass door and front door Investigator’s Observation: At time of inspection verified scratches at 15’ and received documentation to verify claim presented within 10 days of move in, respondent to fix by appropriate means. This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Complaint Item 2: - Back Patio Pillar stone cap broken, said it would be replaced Investigator’s Observation: Complaint item had been completed/corrected prior

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 to this JSI. Governing Rule: Not Applicable

Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

Joey Chester, Investigator (602) 771-6737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Trina Bean 27927 N 143rd Ln Surprise, AZ 85387

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 August 13, 2024

License No. ROC 326547

Re:Complaint No. 2024-05600

WRITTEN DIRECTIVE FROM THE REGISTRAR – Extension

Dear Respondent:

DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

Complaint Item 4: - Condensation in front Window Investigator’s Observation: Verified condensation on front window, respondent to investigate issue and correct by appropriate means.

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

Complaint Item 6: - Countertops in kitchen, and bathrooms have rough texture, stain spots and scratches Investigator’s Observation: Photo evidence was provided after final cleaning of property, respondent to fix by appropriate means. Governing Rule: ARS §32-1154 (A) (3), namely R4-9-108, Poor work not performed in accordance with professional industry standards.

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Complaint Item 3: - Deep Scratches on Sliding glass door and front door Investigator’s Observation: Were not mentioned during final walkthrough, No action required by the Respondent. Governing Rule: N/A

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complaint Item 9: - Cabinets, warped not adjust properly and different colors Investigator’s Observation: Complaint item had been completed/corrected prior to this JSI. Governing Rule: Not Applicable

Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

Joey Chester, Investigator (602) 771-6737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Trina Bean 27927 N 143rd Ln Surprise, AZ 85387

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 July 17, 2024

License No. ROC 326547

Re:Complaint No. 2024-05600

WRITTEN DIRECTIVE FROM THE REGISTRAR – Updated

Dear Respondent:

DIRECTIVE REQUIREMENTS You are directed to remedy the following violations by the appropriate means:

Complaint Item 4: - Condensation in front Window Investigator’s Observation: Verified condensation on front window, respondent to investigate issue and correct by appropriate means.

This means the license is suspended for lack of qualifying party, lack of bond, nonrenewal, Recovery Fund payout, or for any reason listed in A.R.S. § 32-1124(F).

ITEMS NOT REQUIRING CORRECTION The following complaint items require no action by the Respondent:

Complaint Item 6: - Countertops in kitchen, and bathrooms have rough texture, stain spots and scratches Investigator’s Observation: Were not mentioned during final walkthrough, No action required by the Respondent. Governing Rule: N/A

Please direct all questions regarding this Directive to the undersigned Investigator.

Sincerely,

Joey Chester, Investigator (602) 771-6737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C009 12/23 Complainant: Trina Bean 27927 N 143rd Ln Surprise, AZ 85387

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 12/23 Respondent: Lindhorst Construction Consulting LLC DBA: 4101 W CALLE LEJOS GLENDALE, AZ 85310-5537

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 12/23 September 6, 2024

Compliance Jobsite Inspection Notice Re: Complaint No. 2024-05600

Dear Complainant and Respondent:

A Compliance Inspection has been scheduled for Tuesday, September 17, 2024 at 12:30 PM to determine the current status of the items listed on the issued Directive.

The Complainant is required to be present for this inspection. The Respondent is encouraged to be present but is not required to attend.

Complainant: SAFE ACCESS IS REQUIRED TO ANY AREA TO BE INSPECTED.

Sincerely,

Joey Chester, Investigator (602) 771-6737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov

C012 12/23 Complaint #2024-05600 P 1 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 2 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 3 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 4 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 5 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 6 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 7 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 8 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 9 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 10 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 11 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 12 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 13 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 14 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 15 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 16 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 17 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 18 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 19 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 20 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 21 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 22 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 23 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 24 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 25 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 26 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 27 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 28 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 29 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 30 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 31 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 32 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 33 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 34 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 35 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 36 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 37 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 38 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 39 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 40 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complaint #2024-05600 P 41 CJSI date 9/17/2024 at 11:30am CJSI PHOTOS Complainant: Trina Bean 27927 N 143rd Ln Surprise, AZ 85387

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Respondent: Lindhorst Construction Consulting LLC 4101 W CALLE LEJOS GLENDALE, AZ 85310-5537

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 Case No.: 2024-05600 Investigator: Joey Chester Inspection Date: Tuesday, September 17th, 2024 Inspection Time: 11:30 AM

Compliance Jobsite General Notes: CJSI occurred on Tuesday Sepetember 17th 2024 at 11:30am. Homeowners Trina and Chad Bean were present for complaince inspection along with Ryan from Lindhorst Construction Consulting. CJSI photos taken with my Google Pixel Phone camera. CJSI audio recorded with my Google Pixel Phone camera. CJSI photos and audio have been placed into the ROC complaint file.

Compliance Findings:

Complaint Item 1: - Roof Tiles missing or chipped Investigator’s Observation: At the time of inspection the item has been corrected.

Complaint Item 4: - Condensation in front Window Investigator’s Observation: At the time of inspection the item has been corrected.

Complaint Item 5: - Flooring throughout home is separating, spacing, gaps and pops when walked on. Deep scratch in kitchen Investigator’s Observation: During the compliance inspection, flooring was still lifting in areas along with gaps visible that are larger than standard. Does not meet standards.

Complaint Item 6: - Countertops in kitchen, and bathrooms have rough texture, stain spots and scratches Investigator’s Observation: The countertops were not completed at the time of the compliance inspection.

Complaint Item 7: - Screens missing for sliding glass doors and windows Investigator’s Observation: The screen doors were installed but are not properly functioning, does not meet standards.

Complaint Item 8: - Drywall in Master Ceiling repair not finished Investigator’s Observation: At time of compliance inspection the repair was not completely fixed, does not meet standard.

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 If all items are corrected after receipt of this letter, please notify the Registrar’s legal department by sending a notice of compliance signed by the complainant to fax number (602) 364-0416 or by mail to: Arizona Registrar of Contractors, P.O. Box 18244, Phoenix, Arizona 85005-8244. Sincerely,

Joey Chester, Investigator (602) 771-6737 [email redacted] 1700 W Washington St, Ste 105 Phoenix, AZ 85007

1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov C013 12/23 REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA

Trina Bean, Case No. 2024-05600 COMPLAINANT, v. Lindhorst Construction Consulting LLC CITATION License No. ROC 326547,

RESPONDENT.

The Registrar issues this Citation to Lindhorst Construction Consulting LLC (“Respondent”) under A.R.S. § 32-1155(A). If Respondent fails to answer this Citation by October 9, 2024, then under A.R.S. § 32-1155(C), Respondent’s failure to answer may be deemed an admission of the act or acts charged in the underlying complaint, and the Registrar may then suspend or revoke Respondent’s license(s). THE WRITTEN COMPLAINT On May 16, 2024, Trina Bean (“Complainant”) filed a written complaint with the Registrar. A copy of that Complaint is attached to this Citation. A FORMAL STATEMENT OF THE CHARGES AGAINST RESPONDENT The Registrar investigated this matter and finds cause to charge Respondent with violation(s) of Title 32, Chapter 10 of the Arizona Revised Statutes. Respondent is charged with violating: Charge :1 A.R.S. § 32-1154(A)(3) - R4-9-108(a) Violation of any rule adopted by the Registrar; Namely A.A.C. R4-9-108(a): A contractor shall perform all work in a professional and workmanlike manner.

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Charge :2 A.R.S. § 32-1154(A)(22) Failure to take appropriate corrective action to comply with this chapter or with rules adopted pursuant to this chapter without valid justification within a reasonable period of time after receiving a written directive from the Registrar. The written directive shall set forth the time within which the contractor is to complete the remedial action. The time permitted for compliance shall not be less than fifteen days from the date of issuance of the directive. A license shall not be revoked or suspended nor shall any other penalty be imposed for a violation of this paragraph until after a hearing has been held.

If the matter proceeds to a hearing and the administrative law judge determines that any of the charges listed above are supported by a preponderance of the evidence, then Respondent’s license(s) may be subject to suspension or revocation, and Respondent may be subject to other penalties provided by law, including civil penalties under A.R.S. §§ 32-1154(E) and (F). FILING A WRITTEN ANSWER Respondent must appear by filing with the Registrar a written answer to the citation and complaint showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). Respondent’s written answer should contain the heading “Written Answer to Citation and Complaint” and should include the case number, which is Case No. 2024-05600. How to File a Written Answer: Respondent’s written answer may be submitted in the following ways: In-Person: 1700 W. Washington St., Ste. 105, Phoenix, Arizona, 85007-2812 Mail: P.O. Box 18244, Phoenix, Arizona, 85005-8244 Email: [email redacted]

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 The Registrar’s normal office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. If Respondent submits a written answer by mail, it is not filed with the Registrar until the Registrar actually receives it. Deadline for Filing a Written Answer: Respondent must file a written answer with the Registrar no later than October 9, 2024. This deadline is calculated under A.R.S. §§ 32-1155(A) and (B), which provides a deadline ten days after service of the Citation. Service of the Citation and Complaint is complete five days after the Registrar mails a copy of the Citation and Complaint to Respondent’s latest address of record in the Registrar’s office. Consequences for Failing to File a Written Answer: If Respondent fails to answer, Respondent’s failure may be deemed an admission of the act or acts charged in the written complaint. A.R.S. § 32-1155(C). The Registrar may then suspend or revoke Respondent’s license(s). THE ADMINISTRATIVE HEARING If Respondent files a timely written answer contesting any charges in the Complaint, then the Registrar will request the Office of Administrative Hearings set a date for an administrative hearing and will notify all the parties at least 30 days before that hearing. A.R.S. § 41-1092.05(D). INVESTIGATOR’S APPEARANCE AS A WITNESS The Registrar’s assigned investigator will appear as a witness at the hearing. If either party demands the attendance at the hearing of any other person, that party must obtain and serve a subpoena in compliance with the rules and processes established by the Office of Administrative Hearings. RESPONDENT’S RIGHT TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE Under A.R.S. § 41-1092.06, if Respondent submits a request to the Registrar for an

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 informal settlement conference, the Registrar must hold a conference within 15 days after receiving the request. Respondent’s request for an informal settlement conference must be in writing and must be filed no later than 20 days before the administrative hearing. A.R.S. § 41- 1092.06(A). The Registrar will not close or settle any case without both parties’ appearance at the Settlement Conference. The parties participating in the settlement conference must have the authority to settle the case and must waive their right to object to the participation of the Registrar’s settlement conference representative in the final administrative decision. A.R.S. § 41-1092.06(B). Any statements, either written or oral, made by the parties at the conference, including a written document, created or expressed solely for the purpose of settlement negotiations, are inadmissible in the administrative hearing. A.R.S. § 41-1092.06(B). RESPONDENT’S PRIOR RECORD Under A.A.C. R4-9-117, in determining the appropriate discipline, the administrative law judge and the Registrar may consider not only facts in the current case, but also facts in prior cases and any documents regarding Respondent on file with the Registrar. Respondent’s prior disciplinary record and current license(s) status may be considered as a mitigating or aggravating factor in determining the appropriate discipline. EVIDENTIARY DISCLAIMER By issuing this Citation, the Registrar is directing Respondent to file a written answer to the Citation and Complaint, showing cause, if any, why Respondent’s license(s) should not be suspended or revoked. A.R.S. § 32-1155(A). This Citation does not constitute proof that any charge or allegation in Complainant’s written complaint is in fact true. This Citation does not constitute proof that Respondent violated any statutory provision or rule adopted by the Registrar. //

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Dated September 24, 2024. By: /s/ Tedi Quezada Tedi Quezada Legal Assistant Legal Department Arizona Registrar of Contractors COPY of the foregoing mailed by Certified Mail, Return Receipt Requested, September 24, 2024 to:

Respondent Certified Mail No: [number redacted]

Lindhorst Construction Consulting LLC 4101 W Calle Lejos Glendale, AZ 85310-5537 Copy mailed by USPS First Class mail this same date to:

Respondent Lindhorst Construction Consulting LLC 4101 W Calle Lejos Glendale, AZ 85310-5537

Complainant Trina Bean 27927 N 143rd Ln Surprise, AZ 85387

Copy sent electronically this same date to: Respondent at email address on record with the Registrar Complainant at email address on record with the Registrar

Case No. 2024-05600

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1700 W. Washington Street, Suite 105 · Phoenix AZ 85007-2812 602.542.1525 · Toll Free 877.692.9762 · roc.az.gov Lg101 8/21 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Person Filing Complaint Full Name (First Middle Last) Business Name (if a licensed contractor or supplier) ROC License Number(s) (if any)

Trina Bean Mailing Address (Enter jobsite in Contract/Project section) City State Zip

27927 N 143rd Ln Surprise Arizona 85387 Phone Number Email

[number redacted] [email redacted] I consent to receive communications electronically in connection with this case Name of Attorney (if any)

Street Address of Attorney City State Zip

Phone Number of Attorney Email of Attorney

Contractor Information Name (as shown on contract/invoice) ROC License Number(s)

Lindhorst Construction Consulting LLC ROC 326547 Street Address City State Zip

Phone Number Email

[number redacted] [email redacted] Name of Person(s) Representing License

Ryan Lindhorst Contract/Project Information Contract Date Contract Amount Amount Paid

February 22, 2024 $850,000.00 $850,000.00 Date Work Started Date Work Stopped Date Work Was Completed

January 25, 2024 May 16, 2024 Close of Escrow (New Home) Move-In Date (New-Home)

February 22, 2024 February 24, 2024 Jobsite Street Address City State Zip

27927 N 143rd Ln Surprise AZ 85387 Name of Construction Site Owner Construction Site Name (if applicable)

Phone Number of Construction Site Owner Email of Construction Site Owner

This complaint is for Poor Work;Other I have contacted the contractor by Have you filed a complaint in court? No Has any work been corrected? Yes

RCC099 12/05/18 Page 1 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Ryan Lindhorst or Sub Contractors he has hired The contract was Both All change orders were N/A This project was Residential This project involved New Home

A building permit was obtained by Contractor unknown Surprise List and briefly describe each complaint item (Please do not write "see attached" or use additional pages unless necessary to further describe issues or list more complaint items) (limited to 100 characters per line)

We purchased the house In Feb 22, 2023. Some of these items were agreed to fixed on BINSR. Some work has not be completed. Other items were found after moving in and notifying them within 10 days of occupancy. Multiple emails, texts and conversation we continue to have work incomplete or items they refuse to fix. Allegations Listed on Complaint:

Roof Tiles missing or chipped

Back Patio Pillar stone cap broken, said it would be replaced

Deep Scratches on Sliding glass door and front door

Condensation in front Window

Flooring throughout home is separating, spacing, gaps and pops when walked on. Deep scratch in kitchen

Countertops in kitchen, and bathrooms have rough texture, stain spots and scratches

Screens missing for sliding glass doors and windows

Drywall in Master Ceiling repair not finished

Cabinets, warped not adjust properly and different colors

Garage doors missing supports

Signature I declare under penalty of perjury that the information and documents contained on this Complaint Form, included with this complaint, or hereafter submitted in support of this complaint are true and accurate to the best of my knowledge. I will assist in the investigation or in the prosecution of the contractor or other parties, and will, if necessary, attend hearings and testify to facts.

RCC099 12/05/18 Page 2 of 3 Licensed Complaint Form Departmental Use Only For Current or Suspended Licensees

Printed Name Signature Date

Trina Bean \complainant1\ \complainantd1\

RCC099 12/05/18 Page 3 of 3 Authentisign ID: D5958B87-60B9-EE11-BEA1-6045BDD8973C

✘ ✘ 01/21/2024 DBJ Enterprises LLC Chadd M Bean & Trina B Bean 27927 N 143rd LN Surprise AZ 85387

Builder to provide ROC warranty from date of Certificate of Occupancy (3/17/2023 to 3/17/2025).

Buyer to waive Section 4b of the Purchase Contract.

Seller provides no warranty for saguaro cactuses.

Propane tank for cook top not to be installed, Buyer to pull permit and install propane tank for gas cook top after close of escrow.

All other terms and conditions to remain the same.

01/23/2024 12:00 ✘

✘

Brittany N Axelson | Lake Pleasant Real Estate | 623-547-6710 | DocuSign Envelope ID: CE3BECB1-A22F-4825-92B7-1ED3F5238090

Project: Lot 5 – Oberlin New Home Construction Address: 27927 N 143 Ln Surprise, AZ 85387 rd

Interior repairs to be completed by 2:00pm on 2/22/2024:

1. Cleaning of interior 2. Missing oven thermometer 3. Adjust cabinets 4. Secure and caulk around pot filler in kitchen 5. Paint to match at ceiling for vent hood 6. Garbage disposal 7. Black marks on ceiling above counter 8. Install missing cabinet hardware in laundry room 9. Grout bathroom 10. Secure tub in master bathroom 11. Drywall repair at linen closet in master bathroom 12. Paint touch up at master bedroom door 13. Adjust half bathroom toilet 14. Paint touch up at barn door in master bed/bath 15. Paint touch up at barn door in living space 16. Caulking at ceiling by front door 17. Fix bathroom paint that doesn’t match 18. Paint touch up at door & wall in en-suite bedroom 19. Caulking at counter in full hallway bathroom

Exterior repairs to be completed by end of day on 3/4/2024:

1. Flashing trim to be painted 2. Exterior walls to be painted to match 3. Stem wall around exterior of home to be painted 4. Column caps at front and back patios to be repaired 5. Trim at front and back patios to be repaired

Additional items:

1. Complete Water Systems confirmed clean water from field sample test. Complete Water Systems has submitted sample for lab test with an estimated timeline of 10 days for results. 2. Window screens ordered, date of install TBD 3. Termite barrier to be reapplied around exterior of home, date of treatment TBD

General Contractor: Ryan Lindhorst

Signature: Date:

Owner(s): Chadd & Trina Bean 2/22/2024 Signature: Date: 2/22/2024 Signature: Date: DocuSign Authentisign ID: Envelope ID: 19B1F605-CE69-46E8-8779-37948D659445 D5958B87-60B9-EE11-BEA1-6045BDD8973C

Tinzie Realty Document updated: BUYER ATTACHMENT October 2022

This attachment should be given to the Buyer prior to the submission of any offer and is not part of the Residential Resale Real Estate Purchase Contract’s terms.

ATTENTION BUYER! You are entering into a legally binding agreement. 1. Read the entire contract before you sign it. 2. Review the Residential Seller’s Property Disclosure Statement (See Section 4a). This information comes directly from the Seller. Investigate any blank spaces, unclear answers or any other information that is important to you.

3. Review the Inspection Paragraph (see Section 6a). If important to you, hire a qualified: General home inspector Heating/cooling inspector Mold inspector Pest inspector Pool inspector Roof inspector Verify square footage (see Section 6b) Verify the property is on sewer or septic (see Section 6f) 4. Confirm your ability to obtain insurance and insurability of the property during the inspection period with your insurance agent (see Sections 6a and 6e). 5. Apply for your home loan now, if you have not done so already, and provide your lender with all requested information (see Section 2f). It is your responsibility to make sure that you and your lender follow the timeline requirements in Section 2, and that you and your lender deliver the necessary funds to escrow in sufficient time to allow escrow to close on the agreed upon date. Otherwise, the Seller may cancel the contract and you may be liable for damages.

6. Read the title commitment within five (5) days of receipt (see Section 3c). 7. Read the CC&R’s and all other governing documents within five (5) days of receipt (see Section 3c), especially if the home is in a homeowner’s association. 8. Conduct a thorough pre-closing walkthrough (see Section 6l). If the property is unacceptable, speak up. After the closing may be too late. You can obtain information through the Buyer’s Advisory at www.aaronline.com/manage-risk/buyer-advisory-3/.

Remember, you are urged to consult with an attorney, inspectors, and experts of your choice in any area of interest or concern in the transaction. Be cautious about verbal representations, advertising claims, and information contained in a listing. Verify anything important to you.

WARNING: *WIRE TRANSFER FRAUD* Beware of wiring instructions sent via email. Cyber criminals may hack email accounts and send emails with fake wiring instructions. Always independently confirm wiring instructions prior to wiring any money. Do not email or transmit documents that show bank account numbers or personal identification information.

Buyer’s Check List Buyer Attachment • Updated: October 2022 Copyright © 2022 Arizona Association of REALTORS®. All rights reserved. Tinzie Realty, 879 W. Wickenburg Way Wickenburg AZ 85390 Phone: (602) 882-2831 Fax: Shanna Grossman 27927 N 143rd Ln, Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com DocuSign Authentisign ID: Envelope ID: 19B1F605-CE69-46E8-8779-37948D659445 D5958B87-60B9-EE11-BEA1-6045BDD8973C

Tinzie Realty

RESIDENTIAL RESALE REAL ESTATE PURCHASE CONTRACT Document updated: October 2022

The pre-printed portion of this form has been drafted by the Arizona Association of REALTORS®. Any change in the pre-printed language of this form must be made in a prominent manner. No representations are made as to the legal validity, adequacy and/or effects of any provision, including tax consequences thereof. If you desire legal, tax or other professional advice, please consult your attorney, tax advisor or professional consultant.

1. PROPERTY 1a. 1. BUYER: Chadd M Bean, Trina B Bean BUYER'S NAME(S)

2. SELLER: DBJ ENTERPRISES LLC or as identified in section 9c. SELLER'S NAME(S) 3. Buyer agrees to buy and Seller agrees to sell the real property with all improvements, fixtures, and appurtenances thereon 4. or incidental thereto, plus the personal property described herein (collectively the "Premises"). 1b. 5. Premises Address: 27927 N 143RD Lane Assessor's #: 503-52-652-L 6. City: Surprise County: Maricopa AZ, Zip Code: 85387 7. Legal Description: A POR PROP REC P/F 20-1227612 MCR TH PT SE4 NE4 NW4 SEC 33 T5N R1W DAF 8. COM N4 COR SD SEC TH S 660.9F TH W 300F TH S 119F TO TPOB TH S 296.92F TH W 9. 179.48F TH N 195F TH N 60D 39M E 206.12F TO TPOB P/F 21-0386242 1c. 10. $ 850,000.00 Full Purchase Price, paid as outlined below 11. $ 5,000.00 Earnest Money To be used toward down payment 12. $ 80,000.00 Additional down payment 13. $ 765,000.00 Conventional financing 14. 15. 16. 17. Earnest Money is in the form of: Personal Check Wire Transfer X Other Check or wire 18. Upon acceptance of this offer, the Earnest Money, if any, will be deposited with: X Escrow Company Broker's Trust Account. 19. IF THIS IS AN ALL CASH SALE: A Letter of Credit or a source of funds from a financial institution documenting the availability of 20. funds to close escrow is attached hereto. 1d. 21. Close of Escrow: Close of Escrow (“COE”) shall occur when the deed is recorded at the appropriate county recorder’s office. 22. Buyer and Seller shall comply with all terms and conditions of this Contract, execute and deliver to Escrow Company all closing 23. documents, and perform all other acts necessary in sufficient time to allow COE to occur on 24. February 22nd , 2024 (“COE Date”). If Escrow Company or recorder’s office is closed on the COE Date, MONTH DAY YEAR 25. COE shall occur on the next day that both are open for business. 26. Buyer shall deliver to Escrow Company a cashier's check, wired funds or other immediately available funds to pay any down 27. payment, additional deposits or Buyer's closing costs, and instruct the lender, if applicable, to deliver immediately available funds to 28. Escrow Company, in a sufficient amount and in sufficient time to allow COE to occur on the COE Date. 29. Buyer acknowledges that failure to pay the required closing funds by the scheduled COE, if not cured after a cure notice is delivered 30. pursuant to Section 7a, shall be construed as a material breach of this Contract and the Earnest Money shall be subject to forfeiture. 31. All funds are to be in U.S. currency. 1e. 32. Possession: Seller shall deliver possession, occupancy, existing keys and/or means to operate all locks, mailbox, security 33. system/alarms, and all common area facilities to Buyer at COE or . 34. Broker(s) recommend that the parties seek independent counsel from insurance, legal, tax, and accounting professionals regarding 35. the risks of pre-possession or post-possession of the Premises. 1f. 36. Addenda Incorporated: Additional Clause Buyer Contingency X Domestic Water Well H.O.A. 37. Lead-Based Paint Disclosure Loan Assumption X On-site Wastewater Treatment Facility Seller Financing Short Sale 38. Solar Addendum Other: >> Residential Resale Real Estate Purchase Contract • Updated: October 2022 <Initials Copyright © 2022 Arizona Association of REALTORS®. All rights reserved. Initials> SELLER SELLER BUYER BUYER

Tinzie Realty, 879 W. Wickenburg Way Wickenburg AZ 85390 Phone: (602) 882-2831 Fax: Shanna Grossman 27927 N 143rd Ln, Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com DocuSign Authentisign ID: Envelope ID: 19B1F605-CE69-46E8-8779-37948D659445 D5958B87-60B9-EE11-BEA1-6045BDD8973C

Residential Resale Real Estate Purchase Contract >> 1g. 39. Fixtures and Personal Property: For purposes of this Contract, fixtures shall mean property attached/affixed to the Premises. 40. Seller agrees that all existing: fixtures on the Premises, personal property specified herein, and means to operate fixtures and 41. property (i.e.- remote controls) shall convey in this sale. Including the following: 42. built-in appliances, ceiling fans and remotes media antennas/satellite dishes (affixed) storage sheds 43. central vacuum, hose, and attachments outdoor fountains and lighting storm windows and doors 44. draperies and other window coverings outdoor landscaping (i.e. – shrubbery, stoves: gas-log, pellet, wood-burning 45. fireplace equipment (affixed) trees and unpotted plants) timers (affixed) 46. floor coverings (affixed) shutters and awnings towel, curtain and drapery rods 47. free-standing range/oven smart home devices, access to which wall mounted TV brackets and hardware 48. garage door openers and remotes shall be transferred (i.e., video doorbell, (excluding TVs) 49. light fixtures automated thermostat) water-misting systems 50. mailbox speakers (flush-mounted) window and door screens, sun shades 51. If owned by Seller, the following items also are included in this sale: 52. affixed alternate power systems serving in-ground pool and spa/hot tub equipment security and/or fire systems and/or alarms 53. the Premises (i.e., solar) and covers (including any mechanical or water purification systems 54. other cleaning systems) water softeners 55. Additional existing personal property included in this sale (if checked): 56. X refrigerator (description): stainless steel, French door, 2 freezer drawers on bottom 57. washer (description): 58. dryer (description): 59. above-ground spa/hot tub including equipment, covers, and any mechanical or other cleaning systems (description): 60. 61. other personal property not otherwise addressed (description): 62. other personal property not otherwise addressed (description): 63. Additional existing personal property included shall not be considered part of the Premises and shall be transferred with no 64. monetary value, and free and clear of all liens or encumbrances. 65. Leased items shall NOT be included in this sale. Seller shall deliver notice of all leased items within three (3) days after Contract 66. acceptance. Buyer shall provide notice of any leased items disapproved within the Inspection Period or five (5) days after receipt of the 67. notice, whichever is later. 68. IF THIS IS AN ALL CASH SALE: Section 2 does not apply - go to Section 3.

2. FINANCING 2a. 69. Pre-Qualification: An AAR Pre-Qualification Form is attached hereto and incorporated herein by reference. 2b. 70. Loan Contingency: Buyer’s obligation to complete this sale is contingent upon Buyer obtaining loan approval without Prior to 71. Document (“PTD”) conditions no later than three (3) days prior to the COE Date for the loan described in the AAR Loan Status 72. Update (“LSU”) form or the AAR Pre-Qualification Form, whichever is delivered later. No later than three (3) days prior to the 73. COE Date, Buyer shall either: (i) sign all loan documents; or (ii) deliver to Seller or Escrow Company notice of loan 74. approval without PTD conditions AND date(s) of receipt of Closing Disclosure(s) from Lender; or (iii) deliver to Seller or 75. Escrow Company notice of inability to obtain loan approval without PTD conditions. 2c. 76. Unfulfilled Loan Contingency: This Contract shall be cancelled and Buyer shall be entitled to a return of the Earnest Money if 77. after diligent and good faith effort, Buyer is unable to obtain loan approval without PTD conditions and delivers notice of inability 78. to obtain loan approval no later than three (3) days prior to the COE Date. If Buyer fails to deliver such notice, Seller may issue a 79. cure notice to Buyer as required by Section 7a and, in the event of Buyer’s breach, Seller shall be entitled to the Earnest Money 80. pursuant to Section 7b. If, prior to expiration of any Cure Period, Buyer delivers notice of inability to obtain loan approval, Buyer 81. shall be entitled to a return of the Earnest Money. Buyer acknowledges that prepaid items paid separately from the Earnest Money 82. are not refundable. 2d. 83. Interest Rate / Necessary Funds: Buyer agrees that (i) the inability to obtain loan approval due to the failure to lock the interest 84. rate and “points” by separate written agreement with the lender; or (ii) the failure to have the down payment or other funds 85. due from Buyer necessary to obtain the loan approval without conditions and close this transaction is not an unfulfilled loan 86. contingency. 2e. 87. Loan Status Update: Buyer shall deliver to Seller the LSU, with at a minimum lines 1-40 completed, describing the current status 88. of the Buyer’s proposed loan within ten (10) days after Contract acceptance and instruct lender to provide an updated LSU to 89. Broker(s) and Seller upon request.

Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com 27927 N 143rd Ln, DocuSign Authentisign ID: Envelope ID: 19B1F605-CE69-46E8-8779-37948D659445 D5958B87-60B9-EE11-BEA1-6045BDD8973C

Residential Resale Real Estate Purchase Contract >> 2f. 90. Loan Application: Unless previously completed, within three (3) days after Contract acceptance Buyer shall (i) provide lender 91. with Buyer’s name, income, social security number, Premises address, estimate of value of the Premises, and mortgage loan 92. amount sought; and (ii) grant lender permission to access Buyer’s Trimerged Residential Credit Report. 2g. 93. Loan Processing During Escrow: Within ten (10) days after receipt of the Loan Estimate Buyer shall (i) provide lender with 94. notice of intent to proceed with the loan transaction in a manner satisfactory to lender; and (ii) provide to lender all requested 95. signed disclosures and the documentation listed in the LSU at lines 32-35. Buyer agrees to diligently work to obtain the loan and 96. will promptly provide the lender with all additional documentation requested. 2h. 97. Type of Financing: X Conventional FHA VA USDA Assumption Seller Carryback 98. (If financing is to be other than new financing, see attached addendum.) 2i. 99. Loan Costs: All costs of obtaining the loan shall be paid by Buyer, unless otherwise provided for herein. 2j. 100. Seller Concessions (if any): In addition to the other costs Seller has agreed to pay herein, Seller will credit Buyer % 101. of the Purchase Price OR $ (Seller Concessions). The Seller Concessions may be used for any Buyer fee, cost, charge, 102. or expenditure to the extent allowed by Buyer's lender. 2k. 103. Changes: Buyer shall immediately notify Seller of any changes in the loan program, financing terms, or lender described in the 104. Pre-Qualification Form attached hereto or LSU provided within ten (10) days after Contract acceptance and shall only make any 105. such changes without the prior written consent of Seller if such changes do not adversely affect Buyer’s ability to obtain loan 106. approval without PTD conditions, increase Seller’s closing costs, or delay COE. 2l. 107. Appraisal Contingency: Buyer’s obligation to complete this sale is contingent upon an appraisal of the Premises acceptable to 108. lender for at least the purchase price. If the Premises fail to appraise for the purchase price in any appraisal required by lender, 109. Buyer has five (5) days after notice of the appraised value to cancel this Contract and receive a return of the Earnest Money or 110. the appraisal contingency shall be waived, unless otherwise prohibited by federal law. 2m.111. Appraisal Cost(s): Initial appraisal fee shall be paid by X Buyer Seller Other 112. at the time payment is required by lender and is non-refundable. If Seller is paying the initial appraisal fee, the fee will will not 113. be applied against Seller’s Concessions at COE, if applicable. If Buyer’s lender requires an updated appraisal prior to COE, it will be 114. performed at Buyer’s expense. Any appraiser/lender required inspection cost(s) shall be paid for by Buyer.

3. TITLE AND ESCROW 3a. 115. Escrow: This Contract shall be used as escrow instructions. The Escrow Company employed by the parties to carry out the 116. terms of this Contract shall be:

117. Navi Title Agency Lisa Tinlin ESCROW/TITLE COMPANY

118. 20325 N 51st Ave Bldg 8 Suite 162 Glendale AZ 85308 ADDRESS CITY STATE ZIP

119. [email redacted] (623)267-2105 EMAIL PHONE FAX

3b. 120. Title and Vesting: Buyer will take title as determined before COE. If Buyer is married and intends to take title as his/her sole 121. and separate property, a disclaimer deed may be required. Taking title may have significant legal, estate planning and tax 122. consequences. Buyer should obtain independent legal and tax advice. 3c. 123. Title Commitment and Title Insurance: Escrow Company is hereby instructed to obtain and deliver to Buyer and Seller directly, 124. addressed pursuant to 8s and 9c or as otherwise provided, a Commitment for Title Insurance together with complete and legible copies 125. of all documents that will remain as exceptions to Buyer’s policy of Title Insurance (“Title Commitment”), including but not limited to 126. Conditions, Covenants and Restrictions (“CC&Rs”); deed restrictions; and easements. Buyer shall have five (5) days after receipt of the 127. Title Commitment and after receipt of notice of any subsequent exceptions to provide notice to Seller of any items disapproved. Seller 128. shall convey title by warranty deed, subject to existing taxes, assessments, covenants, conditions, restrictions, rights of way, easements 129. and all other matters of record. Buyer shall be provided at Seller’s expense an American Land Title Association (“ALTA”) Homeowner’s 130. Title Insurance Policy or, if not available, a Standard Owner’s Title Insurance Policy, showing title vested in Buyer. Buyer may acquire 131. extended coverage at Buyer’s own additional expense. If applicable, Buyer shall pay the cost of obtaining the ALTA Lender Title 132. Insurance Policy.

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3d. 133. Additional Instructions: (i) Escrow Company shall promptly furnish notice of pending sale that contains the name and address of 134. Buyer to any homeowner’s association(s) in which the Premises are located. (ii) If Escrow Company is also acting as the title agency 135. but is not the title insurer issuing the title insurance policy, Escrow Company shall deliver to Buyer and Seller, upon deposit of funds, a 136. closing protection letter from the title insurer indemnifying Buyer and Seller for any losses due to fraudulent acts or breach of escrow 137. instructions by Escrow Company. (iii) All documents necessary to close this transaction shall be executed promptly by Seller and 138. Buyer in the standard form used by Escrow Company. Escrow Company shall modify such documents to the extent necessary to be 139. consistent with this Contract. (iv) Escrow Company fees, unless otherwise stated herein, shall be allocated equally between Seller and 140. Buyer. (v) Escrow Company shall send to all parties and Broker(s) copies of all notices and communications directed to Seller, Buyer 141. and Broker(s). (vi) Escrow Company shall provide Broker(s) access to escrowed materials and information regarding the escrow. (vii) 142. If an Affidavit of Disclosure is provided, Escrow Company shall record the Affidavit at COE. 3e. 143. Tax Prorations: Real property taxes payable by Seller shall be prorated to COE based upon the latest tax information available. 3f. 144. Release of Earnest Money: In the event of a dispute between Buyer and Seller regarding any Earnest Money deposited with 145. Escrow Company, Buyer and Seller authorize Escrow Company to release the Earnest Money pursuant to the terms and conditions 146. of this Contract in its sole and absolute discretion. Buyer and Seller agree to hold harmless and indemnify Escrow Company against 147. any claim, action or lawsuit of any kind, and from any loss, judgment, or expense, including costs and attorney fees, arising from or 148. relating in any way to the release of the Earnest Money. 3g. 149. Prorations of Assessments and Fees: All assessments and fees that are not a lien as of COE, including homeowner’s 150. association fees, rents, irrigation fees, and, if assumed, insurance premiums, interest on assessments, interest on encumbrances, 151. and service contracts, shall be prorated as of COE or Other: 3h. 152. Assessment Liens: The amount of any assessment lien or bond including those charged by a special taxing district, such as a 153. Community Facilities District, shall be prorated as of COE.

4. DISCLOSURE 4a. 154. Seller's Property Disclosure Statement (“SPDS”): Seller shall deliver a completed AAR Residential SPDS form to Buyer 155. within three (3) days after Contract acceptance. Buyer shall provide notice of any SPDS items disapproved within the Inspection 156. Period or five (5) days after receipt of the SPDS, whichever is later. 4b. 157. Insurance Claims History: Seller shall deliver to Buyer a written five (5) year insurance claims history regarding the Premises (or a 158. claims history for the length of time Seller has owned the Premises if less than five (5) years) from Seller’s insurance company or an 159. insurance support organization or consumer reporting agency, or if unavailable from these sources, from Seller, within five (5) days 160. after Contract acceptance. Buyer shall provide notice of any items disapproved within the Inspection Period or five (5) days after 161. receipt of the claims history, whichever is later. 4c. 162. Foreign Sellers: The Foreign Investment in Real Property Tax Act (“FIRPTA”) is applicable if Seller is a non-resident alien 163. individual, foreign corporation, foreign partnership, foreign trust, or foreign estate (“Foreign Person”). Seller agrees to complete, 164. sign, and deliver to Escrow Company a certificate indicating whether Seller is a Foreign Person. FIRPTA requires that a foreign 165. seller may have federal income taxes up to 15% of the purchase price withheld, unless an exception applies. Seller is responsible 166. for obtaining independent legal and tax advice. 4d. 167. Lead-Based Paint Disclosure: If the Premises were built prior to 1978, Seller shall: (i) notify Buyer of any known lead-based paint 168. (“LBP”) or LBP hazards in the Premises; (ii) provide Buyer with any LBP risk assessments or inspections of the Premises in Seller’s 169. possession; (iii) provide Buyer with the Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards, and any 170. report, records, pamphlets, and/or other materials referenced therein, including the pamphlet “Protect Your Family from Lead in Your 171. Home” (collectively “LBP Information”). Buyer shall return a signed copy of the Disclosure of Information on Lead-Based Paint and 172. Lead-Based Paint Hazards to Seller prior to COE. 173. LBP Information was provided prior to Contract acceptance and Buyer acknowledges the opportunity to conduct LBP risk 174. assessments or inspections during Inspection Period. 175. Seller shall provide LBP Information within five (5) days after Contract acceptance. Buyer may within ten (10) days 176. or days after receipt of the LBP Information conduct or obtain a risk assessment or inspection of the Premises for the 177. presence of LBP or LBP hazards (“Assessment Period”). Buyer may within five (5) days after receipt of the LBP Information or five 178. (5) days after expiration of the Assessment Period cancel this Contract. 179. Buyer is further advised to use certified contractors to perform renovation, repair or painting projects that disturb lead-based paint in 180. residential properties built before 1978 and to follow specific work practices to prevent lead contamination. 181. If Premises were constructed prior to 1978, (BUYER’S INITIALS REQUIRED) BUYER BUYER 182. If Premises were constructed in 1978 or later, (BUYER’S INITIALS REQUIRED) BUYER BUYER

>> Residential Resale Real Estate Purchase Contract • Updated: October 2022 Copyright © 2022 Arizona Association of REALTORS®. All rights reserved. <Initials Initials> SELLER SELLER Page 4 of 10 BUYER BUYER

Residential Resale Real Estate Purchase Contract >> 4e. 183. Affidavit of Disclosure: If the Premises are located in an unincorporated area of the county, and five (5) or fewer parcels of 184. property other than subdivided property are being transferred, Seller shall deliver a completed Affidavit of Disclosure in the form 185. required by law to Buyer within five (5) days after Contract acceptance. Buyer shall provide notice of any Affidavit of Disclosure items 186. disapproved within the Inspection Period or five (5) days after receipt of the Affidavit of Disclosure, whichever is later. 4f. 187. Changes During Escrow: Seller shall immediately notify Buyer of any changes in the Premises or disclosures made herein, 188. in the SPDS, or otherwise. Such notice shall be considered an update of the SPDS. Unless Seller is already obligated by this 189. Contract or any amendments hereto, to correct or repair the changed item disclosed, Buyer shall be allowed five (5) days after 190. delivery of such notice to provide notice of disapproval to Seller.

5. WARRANTIES 5a. 191. Condition of Premises: BUYER AND SELLER AGREE THE PREMISES ARE BEING SOLD IN ITS PRESENT PHYSICAL 192. CONDITION AS OF THE DATE OF CONTRACT ACCEPTANCE. Seller makes no warranty to Buyer, either express or implied, 193. as to the condition, zoning, or fitness for any particular use or purpose of the Premises. However, Seller shall maintain and repair 194. the Premises so that at the earlier of possession or COE: (i) the Premises, including all personal property included in the sale, will 195. be in substantially the same condition as on the date of Contract acceptance; and (ii) all personal property not included in the sale 196. and debris will be removed from the Premises. Buyer is advised to conduct independent inspections and investigations regarding 197. the Premises within the Inspection Period as specified in Section 6a. Buyer and Seller acknowledge and understand they may, 198. but are not obligated to, engage in negotiations or address repairs/improvements to the Premises. Any/all agreed upon repairs/ 199. improvements will be addressed pursuant to Section 6j. 5b. 200. Warranties that Survive Closing: Seller warrants that Seller has disclosed to Buyer and Broker(s) all material latent defects and 201. any information concerning the Premises known to Seller, excluding opinions of value, which materially and adversely affect the 202. consideration to be paid by Buyer. Prior to COE, Seller warrants that payment in full will have been made for all labor, professional 203. services, materials, machinery, fixtures, or tools furnished within the 150 days immediately preceding COE in connection with the 204. construction, alteration, or repair of any structure on or improvement to the Premises. Seller warrants that the information regarding 205. connection to a sewer system or on-site wastewater treatment facility (conventional septic or alternative) is correct to the best of 206. Seller’s knowledge. 5c. 207. Buyer Warranties: Buyer warrants that Buyer has disclosed to Seller any information that may materially and adversely affect 208. Buyer’s ability to close escrow or complete the obligations of this Contract. At the earlier of possession of the Premises or COE, 209. Buyer warrants to Seller that Buyer has conducted all desired independent inspections and investigations and accepts the Premises. 210. Buyer warrants that Buyer is not relying on any verbal representations concerning the Premises except disclosed as follows: 211. None 212.

6. DUE DILIGENCE 6a. 213. Inspection Period: Buyer’s Inspection Period shall be ten (10) days or days after Contract acceptance. During the 214. Inspection Period Buyer, at Buyer’s expense, shall: (i) conduct all desired physical, environmental, and other types of inspections 215. and investigations to determine the value and condition of the Premises; (ii) make inquiries and consult government agencies, 216. lenders, insurance agents, architects, and other appropriate persons and entities concerning the suitability of the Premises and 217. the surrounding area; (iii) investigate applicable building, zoning, fire, health, and safety codes to determine any potential hazards, 218. violations or defects in the Premises; and (iv) verify any material multiple listing service (“MLS”) information. If the presence of 219. sex offenders in the vicinity or the occurrence of a disease, natural death, suicide, homicide or other crime on or in the vicinity is 220. a material matter to Buyer, it must be investigated by Buyer during the Inspection Period. Buyer shall keep the Premises free and 221. clear of liens, shall indemnify and hold Seller harmless from all liability, claims, demands, damages, and costs, and shall repair all 222. damages arising from the inspections. Buyer shall provide Seller and Broker(s) upon receipt, at no cost, copies of all inspection 223. reports concerning the Premises obtained by Buyer. Buyer is advised to consult the Arizona Department of Real Estate Buyer 224. Advisory to assist in Buyer’s due diligence inspections and investigations. 6b. 225. Square Footage: BUYER IS AWARE THAT ANY REFERENCE TO THE SQUARE FOOTAGE OF THE PREMISES, BOTH THE 226. REAL PROPERTY (LAND) AND IMPROVEMENTS THEREON, IS APPROXIMATE. IF SQUARE FOOTAGE IS A MATERIAL 227. MATTER TO BUYER, IT MUST BE INVESTIGATED DURING THE INSPECTION PERIOD. 6c. 228. Wood-Destroying Organism or Insect Inspection: IF CURRENT OR PAST WOOD-DESTROYING ORGANISMS OR INSECTS 229. (SUCH AS TERMITES) ARE A MATERIAL MATTER TO BUYER, THESE ISSUES MUST BE INVESTIGATED DURING THE 230. INSPECTION PERIOD. Buyer shall order and pay for all wood-destroying organism or insect inspections performed during the 231. Inspection Period. If the lender requires an updated Wood-Destroying Organism or Insect Inspection Report prior to COE, it will be 232. performed at Buyer’s expense. 6d. 233. Flood Hazard: FLOOD HAZARD DESIGNATIONS OR THE COST OF FLOOD HAZARD INSURANCE SHALL BE 234. DETERMINED BY BUYER DURING THE INSPECTION PERIOD. If the Premises are situated in an area identified as having 235. any special flood hazards by any governmental entity, THE LENDER MAY REQUIRE THE PURCHASE OF FLOOD HAZARD 236. INSURANCE. Special flood hazards may also affect the ability to encumber or improve the Premises. >> Residential Resale Real Estate Purchase Contract • Updated: October 2022 Copyright © 2022 Arizona Association of REALTORS®. All rights reserved. <Initials Initials> SELLER SELLER BUYER BUYER

Residential Resale Real Estate Purchase Contract >> Page 6 of 10

6e. 237. Insurance: IF HOMEOWNER’S INSURANCE IS A MATERIAL MATTER TO BUYER, BUYER SHALL APPLY FOR AND 238. OBTAIN WRITTEN CONFIRMATION OF THE AVAILABILITY AND COST OF HOMEOWNER’S INSURANCE FOR THE 239. PREMISES FROM BUYER’S INSURANCE COMPANY DURING THE INSPECTION PERIOD. Buyer understands that any 240. homeowner’s, fire, casualty, flood or other insurance desired by Buyer or required by lender should be in place at COE. 6f. 241. Sewer or On-site Wastewater Treatment System: The Premises are connected to a: 242. sewer system X conventional septic system alternative system 243. IF A SEWER CONNECTION IS A MATERIAL MATTER TO BUYER, IT MUST BE INVESTIGATED DURING THE INSPECTION 244. PERIOD. If the Premises are served by a conventional septic or alternative system, the AAR On-site Wastewater Treatment Facility 245. Addendum is incorporated herein by reference. 246. (BUYER’S INITIALS REQUIRED) BUYER BUYER

6g. 247. Swimming Pool Barrier Regulations: During the Inspection Period, Buyer agrees to investigate all applicable state, county, and 248. municipal Swimming Pool barrier regulations and agrees to comply with and pay all costs of compliance with said regulations prior to 249. occupying the Premises, unless otherwise agreed in writing. If the Premises contains a Swimming Pool, Buyer acknowledges receipt 250. of the Arizona Department of Health Services approved private pool safety notice. 251. (BUYER’S INITIALS REQUIRED) BUYER BUYER

6h. 252. BUYER ACKNOWLEDGMENT: BUYER RECOGNIZES, ACKNOWLEDGES, AND AGREES THAT BROKER(S) ARE NOT 253. QUALIFIED, NOR LICENSED, TO CONDUCT DUE DILIGENCE WITH RESPECT TO THE PREMISES OR THE SURROUNDING 254. AREA. BUYER IS INSTRUCTED TO CONSULT WITH QUALIFIED LICENSED PROFESSIONALS TO ASSIST IN BUYER’S 255. DUE DILIGENCE EFFORTS. BECAUSE CONDUCTING DUE DILIGENCE WITH RESPECT TO THE PREMISES AND THE 256. SURROUNDING AREA IS BEYOND THE SCOPE OF BROKER’S EXPERTISE AND LICENSING, BUYER EXPRESSLY 257. RELEASES AND HOLDS HARMLESS BROKER(S) FROM LIABILITY FOR ANY DEFECTS OR CONDITIONS THAT COULD 258. HAVE BEEN DISCOVERED BY INSPECTION OR INVESTIGATION. 259. (BUYER’S INITIALS REQUIRED) BUYER BUYER

6i. 260. Inspection Period Notice: Prior to expiration of the Inspection Period, Buyer shall deliver to Seller a signed notice of any items 261. disapproved. AAR’s Buyer’s Inspection Notice and Seller’s Response form is available for this purpose. Buyer shall conduct all 262. desired inspections and investigations prior to delivering such notice to Seller and all Inspection Period items disapproved shall be 263. provided in a single notice.

6j. 264. Buyer Disapproval: If Buyer, in Buyer’s sole discretion, disapproves of items as allowed herein, Buyer shall deliver to Seller a 265. signed notice of the items disapproved and state in the notice that Buyer elects to either: 266. (1) Immediately cancel this Contract, in which case: 267. (a) If Buyer’s notice specifies disapproval of items as allowed herein, the Earnest Money shall be released to Buyer. 268. (b) If Buyer’s notice fails to specify items disapproved as allowed herein, the cancellation will remain in effect but Buyer has 269. failed to comply with a provision of this Contract and Seller may deliver to Buyer a cure notice as required by Section 7a. 270. If Buyer fails to cure their non-compliance within three (3) days after delivery of such notice, Buyer shall be in breach and 271. Seller shall be entitled to the Earnest Money. If, prior to expiration of the Cure Period, Buyer delivers notice specifying 272. items disapproved as allowed herein, Buyer shall be entitled to a return of the Earnest Money. 273. OR 274. (2) Provide Seller an opportunity to correct or address the items disapproved, in which case: 275. (a) Seller shall respond in writing within five (5) days or days after delivery to Seller of Buyer’s notice of items 276. disapproved. Seller’s failure to respond to Buyer in writing within the specified time period shall conclusively be deemed 277. Seller’s refusal to correct or address any of the items disapproved. 278. (b) If Seller agrees in writing to correct items disapproved, Seller shall correct the items, complete any repairs in a 279. workmanlike manner and deliver any paid receipts evidencing the corrections and repairs to Buyer three (3) days 280. or days prior to the COE Date. 281. (c) If Seller is unwilling or unable to correct or address any of the items disapproved, Buyer may cancel this Contract within 282. five (5) days after delivery of Seller’s response or after expiration of the time for Seller’s response, whichever occurs 283. first, and the Earnest Money shall be released to Buyer. If Buyer does not cancel this Contract within the five (5) days as 284. provided, Buyer shall close escrow without those items that Seller has not agreed in writing to correct or address. 285. VERBAL DISCUSSIONS WILL NOT EXTEND THESE TIME PERIODS. Only a written agreement signed by both parties will extend 286. response times or cancellation rights. 287. BUYER’S FAILURE TO GIVE NOTICE OF DISAPPROVAL OF ITEMS OR CANCELLATION OF THIS CONTRACT WITHIN 288. THE SPECIFIED TIME PERIOD SHALL CONCLUSIVELY BE DEEMED BUYER’S ELECTION TO PROCEED WITH THE 289. TRANSACTION WITHOUT CORRECTION OF ANY DISAPPROVED ITEMS. >> Residential Resale Real Estate Purchase Contract • Updated: October 2022 Copyright © 2022 Arizona Association of REALTORS®. All rights reserved. <Initials Initials> SELLER SELLER BUYER BUYER

Residential Resale Real Estate Purchase Contract >> Page 7 of 10

6k. 290. Home Warranty Plan: Buyer and Seller are advised to investigate the various home warranty plans available for purchase. The 291. parties acknowledge that different home warranty plans have different coverage options, exclusions, limitations, service fees and 292. most plans exclude pre-existing conditions.

293. A Home Warranty Plan will be ordered by Buyer or Seller with the following optional coverage 294. , to be issued by at a cost 295. not to exceed $ , to be paid for by Buyer Seller Split evenly between Buyer and Seller 296. X Buyer declines the purchase of a Home Warranty Plan. 297. (BUYER’S INITIALS REQUIRED) BUYER BUYER

6l. 298. Walkthrough(s): Seller grants Buyer and Buyer’s inspector(s) reasonable access to conduct walkthrough(s) of the Premises for 299. the purpose of satisfying Buyer that any corrections or repairs agreed to by Seller have been completed, and the Premises are 300. in substantially the same condition as of the date of Contract acceptance. If Buyer does not conduct such walkthrough(s), Buyer 301. releases Seller and Broker(s) from liability for any defects that could have been discovered. 6m. 302. Seller’s Responsibility Regarding Inspections and Walkthrough(s): Seller shall make the Premises available for all inspections 303. and walkthrough(s) upon reasonable notice by Buyer. Seller shall, at Seller’s expense, have all utilities on, including any propane, 304. until COE to enable Buyer to conduct these inspections and walkthrough(s). 6n. 305. IRS and FIRPTA Reporting: The Foreign Investment in Real Property Tax Act (“FIRPTA”) provides that, if a seller is a Foreign 306. Person, a buyer of residential real property must withhold federal income taxes up to 15% of the purchase price, unless an exception 307. applies. If FIRPTA is applicable and Buyer fails to withhold, Buyer may be held liable for the tax. Buyer agrees to perform any acts 308. reasonable or necessary to comply with FIRPTA and IRS reporting requirements and Buyer is responsible for obtaining independent 309. legal and tax advice.

7. REMEDIES 7a. 310. Cure Period: A party shall have an opportunity to cure a potential breach of this Contract. If a party fails to comply with any 311. provision of this Contract, the other party shall deliver a notice to the non-complying party specifying the non-compliance. If the 312. non-compliance is not cured within three (3) days after delivery of such notice (“Cure Period”), the failure to comply shall become a 313. breach of Contract. If Escrow Company or recorder’s office is closed on the last day of the Cure Period, and COE must occur 314. to cure a potential breach, COE shall occur on the next day that both are open for business. 7b. 315. Breach: In the event of a breach of Contract, the non-breaching party may cancel this Contract and/or proceed against the 316. breaching party in any claim or remedy that the non-breaching party may have in law or equity, subject to the Alternative Dispute 317. Resolution obligations set forth herein. In the case of Seller, because it would be difficult to fix actual damages in the event of 318. Buyer’s breach, the Earnest Money may be deemed a reasonable estimate of damages and Seller may, at Seller’s option, accept 319. the Earnest Money as Seller’s sole right to damages; and in the event of Buyer’s breach arising from Buyer’s failure to deliver the 320. notice required by Section 2b, or Buyer’s inability to obtain loan approval due to the waiver of the appraisal contingency pursuant 321. to Section 2l, Seller shall exercise this option and accept the Earnest Money as Seller’s sole right to damages. An unfulfilled 322. contingency is not a breach of Contract. The parties expressly agree that the failure of any party to comply with the terms and 323. conditions of Section 1d to allow COE to occur on the COE Date, if not cured after a cure notice is delivered pursuant to Section 7a, 324. will constitute a material breach of this Contract, rendering the Contract subject to cancellation. 7c. 325. Alternative Dispute Resolution (“ADR”): Buyer and Seller agree to mediate any dispute or claim arising out of or relating to this 326. Contract in accordance with the REALTORS® Dispute Resolution System, or as otherwise agreed. All mediation costs shall be paid 327. equally by the parties. In the event that mediation does not resolve all disputes or claims, the unresolved disputes or claims shall 328. be submitted for binding arbitration. In such event, the parties shall agree upon an arbitrator and cooperate in the scheduling of 329. an arbitration hearing. If the parties are unable to agree on an arbitrator, the dispute shall be submitted to the American Arbitration 330. Association (“AAA”) in accordance with the AAA Arbitration Rules for the Real Estate Industry. The decision of the arbitrator shall be 331. final and nonappealable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 332. Notwithstanding the foregoing, either party may opt out of binding arbitration within thirty (30) days after the conclusion of the 333. mediation conference by notice to the other and, in such event, either party shall have the right to resort to court action. 7d. 334. Exclusions from ADR: The following matters are excluded from the requirement for ADR hereunder: (i) any action brought in the 335. Small Claims Division of an Arizona Justice Court (up to $3,500) so long as the matter is not thereafter transferred or removed from 336. the small claims division; (ii) judicial or nonjudicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or 337. agreement for sale; (iii) an unlawful entry or detainer action; (iv) the filing or enforcement of a mechanic’s lien; or (v) any matter that 338. is within the jurisdiction of a probate court. Further, the filing of a judicial action to enable the recording of a notice of pending action 339. (“lis pendens”), or order of attachment, receivership, injunction, or other provisional remedies shall not constitute a waiver of the 340. obligation to submit the claim to ADR, nor shall such action constitute a breach of the duty to mediate or arbitrate. 7e. 341. Attorney Fees and Costs: The prevailing party in any dispute or claim between Buyer and Seller arising out of or relating to this 342. Contract shall be awarded their reasonable attorney fees and costs. Costs shall include, without limitation, attorney fees, expert 343. witness fees, fees paid to investigators, and arbitration costs. >> Residential Resale Real Estate Purchase Contract • Updated: October 2022 Copyright © 2022 Arizona Association of REALTORS®. All rights reserved. <Initials Initials> SELLER SELLER BUYER BUYER

Residential Resale Real Estate Purchase Contract >> Page 8 of 10

8. ADDITIONAL TERMS AND CONDITIONS 8a. 344. Buyer acknowledges CLUE report will not be provided. 345. Propane tank for cook top will not be installed by seller. 346. There is a 2-Year Builder ROC Warranty from Date of Occupancy which was 3/17/23 347. per seller. 348. 349. 350. 351. 352. 353. 354. 355. 356. 357. 358. 359. 360. 361. 362. 363. 364. 365. 366. 367. 368. 369. 370. 371. 372. 373. 374. 375. 376. 377. 378. 379. 380. 381. 382. 383. 384. 385. 386. 387. 388. 389.

Residential Resale Real Estate Purchase Contract >> 8b. 390. Risk of Loss: If there is any loss or damage to the Premises between the date of Contract acceptance and COE or possession, 391. whichever is earlier, by reason of fire, vandalism, flood, earthquake, or act of God, the risk of loss shall be on Seller, provided, 392. however, that if the cost of repairing such loss or damage would exceed ten percent (10%) of the purchase price, either Seller or 393. Buyer may elect to cancel the Contract. 8c. 394. Permission: Buyer and Seller grant Broker(s) permission to advise the public of this Contract. 8d. 395. Arizona Law: This Contract shall be governed by Arizona law and jurisdiction is exclusively conferred on the State of Arizona. 8e. 396. Time is of the Essence: The parties acknowledge that time is of the essence in the performance of the obligations described 397. herein. 8f. 398. Compensation: Seller and Buyer acknowledge that Broker(s) shall be compensated for services rendered as previously agreed by 399. separate written agreement(s), which shall be delivered by Broker(s) to Escrow Company for payment at COE, if not previously paid. 400. If Seller is obligated to pay Broker(s), this Contract shall constitute an irrevocable assignment of Seller’s proceeds at COE. If Buyer 401. is obligated to pay Broker(s), payment shall be collected from Buyer as a condition of COE. COMMISSIONS PAYABLE FOR THE 402. SALE, LEASING, OR MANAGEMENT OF PROPERTY ARE NOT SET BY ANY BOARD OR ASSOCIATION OF REALTORS®, OR 403. MULTIPLE LISTING SERVICE, OR IN ANY MANNER OTHER THAN BETWEEN BROKER AND CLIENT. 8g. 404. Copies and Counterparts: A fully executed facsimile or electronic copy of the Contract shall be treated as an original Contract. 405. This Contract and any other documents required by this Contract may be executed by facsimile or other electronic means and in any 406. number of counterparts, which shall become effective upon delivery as provided for herein, except that the Disclosure of Information 407. on Lead-Based Paint and Lead-Based Paint Hazards may not be signed in counterpart. All counterparts shall be deemed to 408. constitute one instrument, and each counterpart shall be deemed an original. 8h. 409. Days: All references to days in this Contract shall be construed as calendar days and a day shall begin at 12:00 a.m. and 410. end at 11:59 p.m. 8i. 411. Calculating Time Periods: In computing any time period prescribed or allowed by this Contract, the day of the act or event from 412. which the time period begins to run is not included and the last day of the time period is included. Contract acceptance occurs on the 413. date that the signed Contract (and any incorporated counter offer) is delivered to and received by the appropriate Broker. Acts that 414. must be performed three (3) days prior to the COE Date must be performed three (3) full days prior (i.e. – if the COE Date is Friday 415. the act must be performed by 11:59 p.m. on Monday). 8j. 416. Entire Agreement: This Contract, and any addenda and attachments, shall constitute the entire agreement between Seller and 417. Buyer, shall supersede any other written or oral agreements between Seller and Buyer and can be modified only by a writing signed 418. by Seller and Buyer. The failure to initial any page of this Contract shall not affect the validity or terms of this Contract. 8k. 419. Subsequent Offers: Buyer acknowledges that Seller has the right to accept subsequent offers until COE. Seller understands that 420. any subsequent offer accepted by Seller must be a backup offer contingent on the cancellation of this Contract. 8l. 421. Cancellation: A party who wishes to exercise the right of cancellation as allowed herein may cancel this Contract by delivering 422. notice stating the reason for cancellation to the other party or to Escrow Company. Cancellation shall become effective immediately 423. upon delivery of the cancellation notice. 8m. 424. Notice: Unless otherwise provided, delivery of all notices and documentation required or permitted hereunder shall be in writing 425. and deemed delivered and received when: (i) hand-delivered; (ii) sent via facsimile transmission; (iii) sent via electronic mail, if email 426. addresses are provided herein; or (iv) sent by recognized overnight courier service, and addressed to Buyer as indicated in Section 427. 8q, to Seller as indicated in Section 9a and to Escrow Company indicated in Section 3a. 8n. 428. Release of Broker(s): Seller and Buyer hereby expressly release, hold harmless and indemnify Broker(s) in this 429. transaction from any and all liability and responsibility regarding financing, the condition, square footage, lot lines, 430. boundaries, value, rent rolls, environmental problems, sanitation systems, roof, wood infestation, building codes, 431. governmental regulations, insurance, price and terms of sale, return on investment or any other matter relating to the value 432. or condition of the Premises. The parties understand and agree that Broker(s) do not provide advice on property as an 433. investment and are not qualified to provide financial, legal, or tax advice regarding this real estate transaction. 434. (SELLER’S INITIALS REQUIRED) (BUYER’S INITIALS REQUIRED) SELLER SELLER BUYER BUYER 8o. 435. Terms of Acceptance: This offer will become a binding Contract when acceptance is signed by Seller and a signed copy delivered 436. in person, by mail, facsimile or electronically, and received by Broker named in Section 8q 437. by January 22 , 2024 at 6 a.m./ X p.m., Mountain Standard Time. 438. Buyer may withdraw this offer at any time prior to receipt of Seller’s signed acceptance. If no signed acceptance is received by this 439. date and time, this offer shall be deemed withdrawn and Buyer’s Earnest Money shall be returned. 8p. 440. THIS CONTRACT CONTAINS TEN (10) PAGES EXCLUSIVE OF ANY ADDENDA AND ATTACHMENTS. PLEASE ENSURE 441. THAT YOU HAVE RECEIVED AND READ ALL TEN (10) PAGES OF THIS OFFER AS WELL AS ANY ADDENDA AND 442. ATTACHMENTS.

Residential Resale Real Estate Purchase Contract >> 8q. 443. Broker on behalf of Buyer: 444. Shanna Grossman sg223 BR555200000 PRINT AGENT'S NAME AGENT MLS CODE AGENT STATE LICENSE NO. 445. PRINT AGENT'S NAME AGENT MLS CODE AGENT STATE LICENSE NO. 446. Tinzie Realty macre002 PRINT FIRM NAME FIRM MLS CODE 447. 879 W. Wickenburg Way Wickenburg AZ 85390 LC679452000 FIRM ADDRESS STATE ZIP CODE FIRM STATE LICENSE NO. 448. (602) 882-2831 [email redacted] PREFERRED TELEPHONE FAX EMAIL 8r. 449. Agency Confirmation: Broker named in Section 8q above is the agent of (check one): 450. X Buyer; Seller; or both Buyer and Seller 8s. 451. The undersigned agree to purchase the Premises on the terms and conditions herein stated and acknowledge receipt of 452. a copy hereof including the Buyer Attachment. 1/21/2024 1/21/2024 453. ^ BUYER'S SIGNATURE MO/DA/YR ^ BUYER'S SIGNATURE MO/DA/YR 454. Chadd M Bean Trina B Bean ^ BUYER'S NAME PRINTED ^ BUYER'S NAME PRINTED 455. ADDRESS ADDRESS 456. CITY, STATE, ZIP CODE CITY, STATE, ZIP CODE

9. SELLER ACCEPTANCE 9a. 457. Broker on behalf of Seller: 458. Brittany Axelson ba147 SA654874000 PRINT AGENT'S NAME AGENT MLS CODE AGENT STATE LICENSE NO. 459. PRINT AGENT'S NAME AGENT MLS CODE AGENT STATE LICENSE NO. 460. Lake Pleasant Real Estate lpre001 PRINT FIRM NAME FIRM MLS CODE 461. 28451 N Vistancia Blvd Peoria AZ 85383 LC663391000 FIRM ADDRESS STATE ZIP CODE FIRM STATE LICENSE NO. 462. (602)616-4690 [email redacted] PREFERRED TELEPHONE FAX EMAIL 9b. 463. Agency Confirmation: Broker named in Section 9a above is the agent of (check one): 464. X Seller; or both Buyer and Seller

9c. 465. The undersigned agree to sell the Premises on the terms and conditions herein stated, acknowledge receipt of a 466. copy hereof and grant permission to Broker named in Section 9a to deliver a copy to Buyer. 467. Counter Offer is attached, and is incorporated herein by reference. Seller must sign and deliver both this offer and the Counter 468. Offer. If there is a conflict between this offer and the Counter Offer, the provisions of the Counter Offer shall be controlling. 469. ^ SELLER'S SIGNATURE MO/DA/YR ^ SELLER'S SIGNATURE MO/DA/YR 470. DBJ ENTERPRISES LLC ^ SELLER'S NAME PRINTED ^ SELLER'S NAME PRINTED 471. ADDRESS ADDRESS 472. CITY, STATE, ZIP CODE CITY, STATE, ZIP CODE

473. OFFER REJECTED BY SELLER: , MONTH DAY YEAR (SELLER'S INITIALS)

For Broker Use Only:

Brokerage File/Log No. Manager's Initials Broker's Initials Date MO/DA/YR

Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.com 27927 N 143rd Ln, 10/10/24, 8:18 AM State of Arizona Mail - 2024-05600: written answer

Answers - AZROC <[email redacted]>

2024-05600: written answer message

Ryan Lindhorst <[email redacted]> Wed, Oct 9, 2024 at 3:23 PM To: [email redacted], [email redacted]

To whom it may concern:

The conditions alleged in the complaint were approved by the Complainant at a walkthrough at close of escrow and did not reported scratches until 9 days later. The aesthetic defects, outside of those scratches, were not present nor reported to Respondent until the Complainant filed a complaint months later. Respondent is not responsible for post-move in scratches or discoloration of the countertops after Complainant took possession.

Respondent also requested a reasonable extension to secure replacement countertops and was denied the extension and homeowners have refused to allow Respondent to correct the issue. The Registrar's denial of the reasonable request for extension is a valid justification for failing to comply with the written directive in order to secure the necessary materials.

The Registrar also never provided me with notice that any other condition was deemed out of compliance and so this answer only addresses situations believed to be out of compliance.

-- Ryan Lindhorst, President, Lindhorst Construction AZ R.O.C. 326547 602-526-5813 [email redacted]

https://mail.google.com/mail/b/AEoRXRQkm5355LtskOZ9AfjOimC_4rktOxrkbVAHoozHe20-dcgC/u/0/?ik=581c53cf5c&view=pt&search=all&permthid=t… 1/1 John Chester <[email redacted]>

ROC Case 2024-05600 Inspection Notice messages

John Chester <[email redacted]> Wed, May 22, 2024 at 12:20 PM To: [email redacted]

Dear Respondent. A formal complaint has been filed against you and a jobsite inspection has been scheduled. I would appreciate it if you would assist me in my investigation and respond to the allegations prior to the inspection. The formal jobsite inspection letter has been attached to this email as well as a copy of the formal complaint. Please respond and acknowledge receipt of this email.

Thank you,

-- Joey Chester Investigator #226 Arizona Registrar of Contractors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007 Phone: 480-645-1845

The ROC is now on social media! Make sure to follow us on:

attachments 20240522 Jobsite Inspection Notice 2024-05600.pdf 210K Complaint Form.pdf - 2024-05-22T121931.024.pdf 44K

Ryan Lindhorst <[email redacted]> Thu, May 23, 2024 at 7:15 AM To: John Chester <[email redacted]>

Hi John, I acknowledge receipt of your email. I am also willing to assist in this investigation and will be preparing a separate email with all of the information and documentation I have to share with you. I will send that as soon as possible.

Regards, Ryan [Quoted text hidden] John Chester <[email redacted]>

ROC Monday Inspections messages

John Chester <[email redacted]> Fri, Jun 21, 2024 at 1:34 PM To: Trina Bean <[email redacted]>, Ryan Lindhorst <[email redacted]>, Cassie Nelson <[email redacted]>

Good afternoon all,

I was informed today that at a meeting in my office yesterday that someone tested positive for covid. I just want you to know I don't feel any effects at the moment but if I do test positive over the weekend I will need to reschedule the inspections. I apologize for the late notice, as I was informed about an hour ago. I will let you know early Monday morning if the inspection needs to be rescheduled. Thank you for your understanding.

-- Joey Chester Investigator #226 Arizona Registrar of Contractors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007 Phone: 480-645-1845

The ROC is now on social media! Make sure to follow us on:

Cassie Nelson <[email redacted]> Fri, Jun 21, 2024 at 2:06 PM To: John Chester <[email redacted]>

Hi Joey- Thank you for letting me know and we completely understand. We’ll be praying you stay clear of the darn thing.

Have a good weekend! Cassie

Sent from my iPhone

On Jun 21, 2024, at 1:34 PM, John Chester <[email redacted]> wrote:

Good afternoon all, I was informed today that at a meeting in my office yesterday that someone tested positive for covid. I just want you to know I don't feel any effects at the moment but if I do test positive over the weekend I will need to reschedule the inspections. I apologize for the late notice, as I was informed about an hour ago. I will let you know early Monday morning if the inspection needs to be rescheduled. Thank you for your understanding.

-- Joey Chester Investigator #226 Arizona Registrar of Contractors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007 Phone: 480-645-1845

<image.png>

[Quoted text hidden]

John Chester <[email redacted]> Mon, Jun 24, 2024 at 7:13 AM To: Trina Bean <[email redacted]>, Ryan Lindhorst <[email redacted]>, Cassie Nelson <[email redacted]>

Good morning All,

I hate to tell you but I have come down with something, I apologize but I will need to postpone your inspections. My next opening is July 10th, let me know if that is a good day for you. [Quoted text hidden]

Trina Bean <[email redacted]> Mon, Jun 24, 2024 at 7:42 AM To: John Chester <[email redacted]>

Mr. Chester,

July 10th work is us, what time? Hope you get to feeling better.

Trina [Quoted text hidden]

John Chester <[email redacted]> Mon, Jun 24, 2024 at 8:15 AM To: Trina Bean <[email redacted]>

10am [Quoted text hidden]

Cassie Nelson <[email redacted]> Mon, Jun 24, 2024 at 8:33 AM To: John Chester <[email redacted]>

Hi Joey,

Thank you for letting us know. Unfortunately we are unavailable on July 10th. Do you have availability on Monday, July 15th? We can be flexible with the time that day.

Thank you, Cassie Kirby Sent from my iPhone On Jun 24, 2024, at 7:14 AM, John Chester <[email redacted]> wrote:

Good morning All,

I hate to tell you but I have come down with something, I apologize but I will need to postpone your inspections. My next opening is July 10th, let me know if that is a good day for you.

On Fri, Jun 21, 2024 at 1:34 PM John Chester <[email redacted]> wrote: Good afternoon all,

-- Joey Chester Investigator #226 Arizona Registrar of Contractors 1700 W. Washington St., Suite 105 Phoenix, AZ 85007 Phone: 480-645-1845

<image.png>

The ROC is now on social media! Make sure to follow us on:

[Quoted text hidden]

John Chester <[email redacted]> Mon, Jun 24, 2024 at 9:02 AM To: Cassie Nelson <[email redacted]>

I do have the 15th available at 2pm [Quoted text hidden]

Cassie Nelson <[email redacted]> Mon, Jun 24, 2024 at 9:20 AM To: John Chester <[email redacted]>

That works great for us. We’ll do the 15th at 2pm.

Thank you for accommodating and we hope you feel better.

Sent from my iPhone On Jun 24, 2024, at 9:02 AM, John Chester <[email redacted]> wrote:

[Quoted text hidden]

Trina Bean <[email redacted]> Mon, Jun 24, 2024 at 12:54 PM To: John Chester <[email redacted]>

That works, thank you Trina [Quoted text hidden]

Ryan Lindhorst <[email redacted]> Wed, Jun 26, 2024 at 3:40 PM To: John Chester <[email redacted]>

Good afternoon,

July 10th works for me. Thank you.

Ryan Lindhorst, President, Lindhorst Construction AZ R.O.C. 326547 602-526-5813 [email redacted]

[Quoted text hidden] Mediation Notice

Mediation Services Mediation services are available to the parties. What is Mediation? Mediation is a method of resolving disputes where the parties can end conflict without the expense and time associated with the full administrative process. Who Participates in During mediation, a mediator will attempt to help the Mediation? parties find an optimal solution to the conflict. Both parties must agree to participate in mediation, and both parties must bring a representative to mediation that has full authority to settle the entire matter. Mediation Is Not Neither the Registrar nor the Office of Administrative Mandatory Hearings will penalize a party for not agreeing to mediation. Where do the Parties The parties will meet at the Office of Administrative Meet for Mediation? Hearings to participate in mediation.

The Office of Administrative Hearings is located at 1400 West Washington, Suite 101, Phoenix, Arizona 85007. When does Mediation can occur after the Registrar issues a citation, but Mediation Occur? before the administrative hearing. Why Should Parties Mediation can be an alternative to the full administrative Consider Mediation? process. Mediation is beneficial because it is (1) time- efficient, (2) cost-effective, (3) confidential, and (4) capable of providing flexible solutions to complex problems. How to Request If the parties wish to mediate this case, they must file a Joint Mediation Request for Mediation with the Office of Administrative Hearings. A Joint Request for Mediation is included with this Mediation Notice. REGISTRAR OF CONTRACTORS OF THE STATE OF ARIZONA _________________________ Case No. _______________ COMPLAINANT,

v. JOINT REQUEST FOR MEDIATION _________________________ RESPONDENT.

REQUEST

The parties jointly request that this matter be referred to mediation in the Office of Administrative Hearings (OAH). ☐ This matter is set for hearing on __________________(date). ☐ This matter is not currently set for hearing. MEDIATION AGREEMENT By requesting this mediation and signing below, the parties understand, represent, and agree: 1. The parties are prepared to commence mediation and will be ready for mediation on _____________________(date); 2. The parties will participate in the mediation process in good faith; 3. This request for mediation is not intended to hinder or delay administrative proceedings; 4. No party will contend that the mediation limits the power of OAH and its administrative law judges to conduct an administrative hearing and issue decisions under A.R.S. §§ 41-1092 – 1092.12; 5. The parties will be courteous and respectful throughout the mediation process to all participants; 6. The mediation is completely voluntary and the principal purpose is to allow the parties a full and fair opportunity to discuss settlement; of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 7. The mediator may conduct joint and separate meetings with the parties and may suggest resolutions to the parties’ dispute, but the mediator has no authority to impose a settlement upon the parties; 8. The mediation process is confidential. Communications made, material created for or used during, and acts occurring during mediation are confidential and may not be discovered or admitted into evidence in any proceeding except as provided by A.R.S. § 12-2238; 9. The mediator is not subject to service of process or a subpoena to produce evidence or to testify regarding any evidence or occurrence relating to the mediation except as provided in A.R.S. § 12-2238(C); 10. Neither the mediator, nor the Registrar of Contractors, nor the Office of Administrative Hearings is subject to civil liability for any act or omission in connection with any mediation service or activity except for acts involving

intentional misconduct or reckless disregard of a substantial risk of injury to the rights of others; 11. Throughout the mediation process, each party must have a representative present who will have full settlement authority to settle all claims at issue in the administrative

proceeding. 12. The mediation process will terminate when: a. The parties reach settlement; b. The mediator determines that further efforts at mediation are no longer likely

to achieve a settlement; or c. One of the parties withdraws from mediation. _____________________________________ _______________________ Complainant (or representative) Date

_____________________________________ _______________________ Respondent (or representative) Date

of 3 REGISTRAR OF CONTRACTORS 1700 W. Washington St. Suite 105 – PHOENIX, AZ 85007-2812 Telephone (602)542-1525 1-877-692-9762 PREHEARING DISCLOSURE STATEMENT INSTRUCTIONS ***DO NOT SUBMIT THESE INSTRUCTIONS WITH THE PREHEARING DISCLOSURE FORM***

ADMINISTRATIVE RULES A copy of the Arizona Administrative Code’s Rules for the Registrar of Contractors can be located on the Registrar’s Website.

PREHEARING DISCLOSURE REQUIREMENT Under A.A.C. R4-9-118(A), before a hearing, the parties must prepare a disclosure statement. The disclosure statement must contain: • A list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony; and • A list of all the exhibits that the party will use at the hearing.

FILE PREHEARING DISCLOSURE STATEMENTS • The Prehearing Disclosure Statements and Exhibits may be submitted to the Arizona Office of Administrative Hearings using any of the following: • Electronically: https://portal.azoah.com/submission/ • In-Person or by Mail: 1740 West Adams Street, Lower Level, Phoenix, Arizona 85007

EXCHANGING DISCLOSURE STATEMENTS AND EXHIBITS Under A.A.C. R4-9-118(B) (effective November 5, 2017), a party to the hearing must serve on every other party and file with the Office of Administrative Hearings a copy of: • The disclosure statement; and, • Any exhibit that the party will use at the hearing. Service: The disclosure statement and exhibits must be served on all parties in accordance with Arizona Administrative Code R2-19-108 Filing Documents. Under A.A.C. R2-19-108, service is completed by: • Personal delivery; • 1st class, certified or express mail; or • Facsimile. Timing: The disclosure statement and the exhibits must be served and filed not less than seven calendar days before the date of the hearing. Under A.A.C. R2-19-108, a document is served on a party: • On the date it is personally served; • Five days after it is mailed by express or 1st class mail; • On the date of the return receipt if it is mailed by certified mail; or • On the date indicated on the facsimile transmission.

CONSEQUENCES FOR FAILING TO DISCLOSE Under A.A.C. R4-9-108(C), if a witness or an exhibit is not timely disclosed as required the rules, and good cause for the failure to disclose is not shown, then the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

Form RC-L-800A Prehearing Disclosure Statement Rev. 10/08/2019 Instructions Form PREHEARING DISCLOSURE STATEMENT FORM RC-L-800A

PART 1: WITNESS LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the witnesses the party will call to testify, including the witnesses’ contact information and a brief description of the subject matter of the witnesses’ expected testimony. If you need additional space to list all witnesses, complete and attach additional Witness Lists. Example 1. Name 2. Telephone Number 3. Email Address

John Doe (123) 456-7890 [email redacted] 4. Subject Matter of Expected Testimony

John Doe will testify regarding the poor workmanship and poor installation of the Garage Door. Mr. Doe will also testify regarding the invoices and change orders for the project.

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Witness 1. Name 2. Telephone Number 3. Email Address

4. Subject Matter of Expected Testimony

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 1 of 3 PART 2: EXHIBIT LIST DOCKET NO. Under A.A.C. R4-9-118(A), before a hearing, a party must prepare a disclosure statement containing a list of all the exhibits that the party will use at the hearing. Note: All exhibits listed below must be provided to all parties to the hearing. See A.A.C. R4-9-118(B). If you need additional space to list all witnesses, complete and attach additional Exhibit Lists. Example Contract for new garage door. Invoice #10001 – Cost for garage door replacement.

Exhibit Exhibit Name

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 2 of 3 PART 3: ACKNOWLEDGEMENT & SIGNATURE I certify that the above information is true and correct and that I will serve a copy of this disclosure statement and any exhibits listed in Part 2 to all parties to the hearing in accordance with A.A.C. R4-9-118. I acknowledge and understand that if I fail to properly disclose a witness or exhibit, the administrative law judge may: • Order that certain witnesses or exhibits not be used at the hearing; • Order that a particular fact is or is not established for the record; or, • Order that a charge, a defense, a claim, or some portion thereof, be dismissed.

I am the (check one):  Complainant  Respondent Docket No.

Print Name Signature Date

Form RC-L-800A Prehearing Disclosure Statement Rev. 1/15/2019 Page 3 of 3