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Arizona Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Arizona on
Q: Is there an A.R.S 33-2283?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 30, 2022

You probably have the wrong number for the Statute. Research the legal topic in AZ and you should find the Statute you are looking for. If critical, hire an AZ attorney.

1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Arizona on
Q: We brought a Shea home in 2015 we had a flood from upstairs just recently and were told the pipes are brittle and need

To be replace. We were told Shea homes used cheat piping and was aware. We were told we have to repipe our entire home because of the piping material that was used. A few other homes in my area had the same thing happen. Do we have any legal course we can do to have Shea homes fix this issue? This... Read more »

Peter H. Westby
Peter H. Westby
answered on Jun 27, 2022

I recommend that you speak with a real estate attorney. From the information you provided, you may have recourse under Arizona's Dwelling Action law, ARS 12-1361, et.seq. The statute of limitations concerning such a claim can be up to 8 years from the substantial completion of the dwelling.

1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: My son died without a will. I am the heir. Can I quit claim the house to his partner after it is quit claimed to me.

My son's last wish (no will) was that his partner own the home they lived in. Being the heir (his mother), with him having with no children or wife, the home will be quit claimed to me. I wish to quit claim it to his partner asap. Can I do this or will she have to be approved through the... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jun 15, 2022

As with so many things, there are many issues to consider. Yes, once you are the owner you can quitclaim the property to anybody you want. You should talk to your CPA about whether this will trigger a gift tax for you. Most likely it will not, but that is an issue to pin down. And, yes, there... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: I purchased property in Arizona paid cash have the receipt but now she refuses to quit deed it.

I have the receipts as well as a quit deed copy that was emailed to me but not notarized. She now refuses to go to the county the county and put this land in my name what can I do

Sean Woods
PREMIUM
Sean Woods
answered on Apr 29, 2022

The details of this case are necessary to provide specific answers. However, generally, the chain of title should be recorded with the County's Recorder's Office.

In this situation - when the seller refuses to transfer title - you typically would file an action in the Superior...
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2 Answers | Asked in Estate Planning and Real Estate Law for Arizona on
Q: I filed TOD deed, but now want to transfer the property into my trust. Does quitclaiming into the trust cancel the TOD?

I am in Arizona. I am the sole owner of the property. Do I need to file a deed revocation, revoking the beneficiary deed first, or will the quitclaim deed be sufficient to maintain chain of title?

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on Mar 17, 2022

The proper way to do this is to record a revocation of the beneficiary deed and then record a deed from you to the trust. Quitclaim deeds are an invitation to potential disasters.

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1 Answer | Asked in Real Estate Law for Arizona on
Q: The Board of Directors in my homeowner's association has only Board members from the builder.

The builder has very little input from the community and does what it wants including making the personalizing of ornamentation in owners back yard extremely unfair. This is a 55+ community and no one has complained about that violation notices until now. The development is over over 11 years old... Read more »

Peter H. Westby
Peter H. Westby
answered on Mar 7, 2022

The answers to many of your questions should be in your Community's recorded Covenants, Conditions and Restrictions (CC&Rs). You should have been provided a copy by your title company when you purchased. If not, they can be obtained online from the County Recorder's office. The... Read more »

1 Answer | Asked in Consumer Law, Estate Planning, Foreclosure and Real Estate Law for Arizona on
Q: Law or protection for deceased's home loan assumption by a Joint Tenant owner not not already listed on the mortgage?

Father-in-Law helped his daughter by buying a trailer home for her. The trailer is in Arizona where he also lives (but not in the trailer with her). She has lived in the trailer since 2000 when her Dad purchased it.

Daughter was added to the deed as Joint Tenant (JTWROS) couple years... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Mar 2, 2022

You are wise to be thinking about this proactively. The federal law that prohibits lenders from calling the loan due when the borrower dies applies to traditional homes and also "residential manufactured homes", so the answer depends on whether the home is a "residential manufactured... Read more »

3 Answers | Asked in Real Estate Law for Arizona on
Q: I’m am a property owner, purchased in the last 6 months and hold deed. I have an individual residing on my property

I’m am a property owner, purchased in the last 6 months and hold deed. I have an individual residing on my property unlawful. I have no knowledge nor did I enter into any agreement with this individual to allow their occupancy of my property. Signs were posted and since removed. I’m inquiring... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 16, 2022

Because he mentioned a deed, you may need to perform a title search. In any event you must hire an attorney to prosecute a possessory action or eviction now. Adverse Possession is a very real risk, and your Deed is possibly void for Champerty.

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1 Answer | Asked in Real Estate Law for Arizona on
Q: Can a mortgage servicer foreclose on my property because my ex refinanced after our divorce?

Divorced in 1991 the (false) quick claim deeds signed in 1996. Not by me.

Peter H. Westby
Peter H. Westby
answered on Feb 14, 2022

It is possible that a foreclosure could happen under the circumstances you mentioned. I recommend consulting a real estate attorney as soon as possible. Your lawyer will need to know all of the facts concerning this property before advising you as to your legal rights and best options. Since you... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: My ex- is on title but not the mortgage, how can he cash me out using the equity, and put the mortgage in his name?

My ex-business partner/boyfriend pretty much bulldozed me into putting the title of my investment property into a joint LLC, which he later removed me from after not turning in the partnership agreement to AZCC, took the title further by putting it into a corporation, so now the loan is detached... Read more »

Peter H. Westby
Peter H. Westby
answered on Feb 3, 2022

I strongly recommend that you consult with a real estate attorney as soon as possible. This is not something that you should attempt to handle on your own in my opinion. From the facts you have disclosed it appears that your ex partner has already become the sole owner of this property. If this... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Arizona on
Q: Can I remove a neighbor's fence if a legal survey determines it is 2 feet onto my property?

We have tried to contact him but he does not answer our phone messages. It also appears that the property in is probate.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 31, 2022

You probably can. But the survey is only the surveyor's expert opinion, he is not a judge. So you may get sued for trespass or property damages. You defend with your evidence of the boundary.

1 Answer | Asked in Real Estate Law and Civil Rights for Arizona on
Q: A friend of my dad's has been living in his house for more than 30 days. He passed recently and she won't move. Options?

My dad had agreed to let a friend of his stay with him short term. This turned into long term at around a year. She has been living rent free under my dads roof. About a month ago she became ill and was transported to a nursing facility where she remains presently. Around the same time my father... Read more »

Peter H. Westby
Peter H. Westby
answered on Jan 28, 2022

The first step is to contact a probate lawyer. The lawyer will determine if a probate is needed to administer your dad's estate. If so, he will assist you in obtaining the appointment of a personal representative. The personal representative will have the legal authority needed to evict... Read more »

1 Answer | Asked in Real Estate Law, Criminal Law and Civil Rights for Arizona on
Q: What extenuating circumstances are there to push the statute of limitations on conversion of property?

My mother has clinical depression and was advised to not sign any documents. My mother and father were never married and were separated. My mother living in the home alone fell victim to fraud on “refinancing” but lost her home, about 2007. We (my mother and 5 children living in the home) were... Read more »

Mike Branum
Mike Branum
answered on Jan 11, 2022

The argument would be that the deception (injury) was not discovered until more recently. This is called "tolling" of the statute of limitations because the injured party is unaware of the injury.

The problem will be finding legal representation to assist you with a complicated...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: Should I have a real estate lawyer for every state i want to buy a property in?

I live out of state from the properties I want to buy.

Peter H. Westby
Peter H. Westby
answered on Dec 23, 2021

Yes, you should consult with a real estate attorney in each state that you plan to purchase property in. You need to be aware of state and local law and contract requirements unique to each state. I recommend having a local real estate attorney assist you with your purchases.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Arizona on
Q: Can property management company be responsible for evictions with my llc being out of state?

My property would be held in an llc in the state its in and that llc held by another one in Wyoming.

Peter H. Westby
Peter H. Westby
answered on Dec 23, 2021

In Arizona your property manager can handle evictions of Arizona tenants. It is not required that the property owner be an Arizona resident.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: How do I form a llc for out of state investing so I have inside and outside protection?

I live in Arizona and want to buy property in iowa. I need to know what type of llc's to set up in each state for asset protection.

Peter H. Westby
Peter H. Westby
answered on Dec 23, 2021

I recommend that you speak with a real estate attorney in each state in which you plan to invest.

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Arizona on
Q: In Arizona can a leasing office give more than one renewal offer raising price each time. I did accept first offer.

The owner changed management companies if that matters.

Peter H. Westby
Peter H. Westby
answered on Dec 22, 2021

This can be done if handled properly by the landlord or his management company. Your documents should be reviewed by an attorney. They may consist of an offer that is binding upon your acceptance. Or they may contain language that provides the proposal is not binding upon the landlord until... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Arizona on
Q: If my father has passed away interstate, but I am named power of attorney, does that make me "Next of Kin?"

So my father has passed away, and I was labeled power of attorney. I have the death certificates, all the paperwork from his funeral services, and an open probate case for the house. I basically just need to know if I have authority to demand rent from people who resided in the house before my... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Dec 5, 2021

The power of attorney automatically ended when your father passed away. If you have been appointed executor or personal representative or administrator of his estate then, yes, you have the authority to enforce any existing lease, including demanding rent pursuant to the lease. Or you can evict... Read more »

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Arizona on
Q: A deed to a house was divided by the two owners. If one of them dies and can the new owner claim possession?

My father and his wife own a home. They do not have children together, he has 2 from a previous marriage. His kids have the house deed to his half, and one of her nephews has the house deed to her half. If the wife dies before my father, can her nephew claim possession to his half while my father... Read more »

Mike Branum
Mike Branum
answered on Sep 30, 2021

The answer will depend on whether the deed created a tenancy in common, a joint tenancy, or a joint tenancy with right to survivorship. You should obtain a copy of the deed which transferred the interests and consult with a real estate attorney to determine what rights each party holds.

1 Answer | Asked in Real Estate Law for Arizona on
Q: Can a married couple transfer a property to an LLC where only one spouse is a member of the business?

My wife and I want to convert a property to a rental. We intend for an LLC to own the property, and our son will manage it. My son and wife will be members of the LLC but I will not. Is it possible to transfer the title of the property to such an LLC, effectively relinquishing my ownership stake?

Peter H. Westby
Peter H. Westby
answered on Aug 26, 2021

It is possible but it may not be advisable. I strongly recommend that you have your proposed transfer reviewed by a real estate attorney and your CPA before you take action. Your attorney will be able to let you know if such a transfer might violate the due on sale clause in your financing... Read more »

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