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Questions Answered by Adam Martinez
1 Answer | Asked in Real Estate Law for Arizona on
Q: My mom put $4100 down on a For Sale By Owner Property (based on a verbal contigency to sell her home first in 90 days).

The owner sold to another person and kept my mother's money - how can we get it back for her?

Adam Martinez
Adam Martinez answered on Sep 18, 2014

Generally, if a person is entitled to a refund of funds based on a unfulfilled sale or contingency, and the person owing the funds will not voluntarily return the funds, the person entitled to the funds may need to file a lawsuit against the person owing the funds. In some cases, a legal demand... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: What is needed to claim lawful interest in property that has been seized. The lien is mine they are still owing me

The operators and purchasers of my property made a contract to be paid monthly until paid. I did an owner carry sale.

But now thy are in trouble with the law and the court has threatened to forfeiture. Can the court take what is mine. I am not part of the charges against the present... Read more »

Adam Martinez
Adam Martinez answered on Sep 18, 2014

An secured creditor's interest in real property subject to seizure may be exempt. A secured creditor may usually file a claim to protect its interest with the Court conducting the proceedings.

1 Answer | Asked in Real Estate Law for Arizona on
Q: In AZ when a buyer purchases property "as is". Is it really '"as is"? They still have the opportunity to have an

inspection. Can they cancel the contract during that time period if there is something in the inspection they do not approve of?

Adam Martinez
Adam Martinez answered on Sep 18, 2014

It depends on the terms of the contract. Generally, however, most contracts in Arizona provide that even where a sale is "as is" the buyer is still entitled to conduct inspections and ask the seller to make repairs, even though the seller need not make any repairs, and may still cancel the contract... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: Hello, my ex-boyfriend paid cash for a condo in Arizona. He put 90% in his name and 10% in my name.

I reside in the condo, he resides in Tucson in his permanent home. Can he force me to move or sell my 10%? I understand he can sell his 90% to someone else. Does that mean the new buyer could move in? It's a one bedroom. What are my rights as an owner of 10%? Thanks.

Adam Martinez
Adam Martinez answered on Sep 18, 2014

In Arizona, absent an agreement to the contrary, where two owners of real property cannot agree on how to use the property, either of the owners may obtain a court order requiring that the property be sold and that any proceeds be divided among the owners according to their respective interests. As... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: Our buyers decided to walk after loan was approved and going to docs. Do we have any kind of legal right to sue.

We have a buyer who was in the process of getting their loan. The loan was approved and ready to move to get the docs. The wife decided to cancel. We needed this sale for a home we put a offer on now we will loose the home we put the offer on and the earnest money that we gave.

Do we have... Read more »

Adam Martinez
Adam Martinez answered on Sep 18, 2014

Generally, most Arizona real estate contracts state that a buyer's failure to close escrow after loan approval can be a breach of the contract. A seller in this situation usually is entitled to retain the buyer's earnest money deposit or pursue the buyer for its actual damages. A buyer is probably... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: If I suspect forgery on 2 seperate transfer of land actions that occurred in 1988, is it too late to take legal action?

I suspect 1 of my brothers had my mother's name forged on a transfer of 1 acre of land located at the eastside of Tucson, (my senile father signed an the same transfer-of-land document when his nieice asked him to sign a document for her school, though he didn't know what he was signing). Both... Read more »

Adam Martinez
Adam Martinez answered on Sep 18, 2014

A forged deed does not transfer title. Additionally, a deed in Arizona is required to be notarized.

1 Answer | Asked in Probate for Arizona on
Q: Can we transfer my moms property thru intestate succession to our names or is doing a small estate affidavit ? No will

She died no will there are three if us. Do we have to do small estate affidavit or can we get home trans to us without it? No mortgage

Adam Martinez
Adam Martinez answered on Sep 18, 2014

Generally, in Arizona the heir or heirs entitled to a decedent's estate may transfer the decedent's interest in real property by an affidavit provided that: (1) at least six months have passed since the death; and (2) the assessed value of the real property, less liens and encumbrances, does not... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Spouse is illegal resident can we still purchase a home?

In the process of getting my husbands recidency we have been leagally married 5 years. I have spoken to 3 different brokers and been told 3 different things. I was told we could not get an FHA because of his status, we could get an FHA but I had to have a minimum of 2yrs at my current job, and I... Read more »

Adam Martinez
Adam Martinez answered on Jul 14, 2014

Yes. There is no requirement in Arizona that requires parties to be legal residents in order to purchase a home. However, if you are applying for a loan to purchase the property, then the lender may impose certain conditions before extending a loan. If you do not understand your mortgage... Read more »

1 Answer | Asked in Real Estate Law for California on
Q: Can the selling real estate agent collect commission as seller and buyer?

Agent decided to purchase the property but wants commission as seller and buyer. Is this legal?

Adam Martinez
Adam Martinez answered on Jul 14, 2014

Generally, an agent which acts as the agent for both seller and buyer (sometimes referred to as "dual agency") may receive compensation for acting as both seller and buyer. However, an agent who is a party to a contract may generally not represent the other party, even though they may still be able... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: When is a Seller's Property Disclosure required by law?
Adam Martinez
Adam Martinez answered on Jul 14, 2014

Under Arizona law, a seller is required to disclose any material issue concerning the property or that may affect a buyer's decision to purchase the property (with a few exceptions). Some written contracts provide for the use of a specific form that a seller may use to disclose such issues to a... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: Can one spose bind marrital community for real estate purchase single family dwelling
Adam Martinez
Adam Martinez answered on Jul 14, 2014

Generally, both spouses must sign a contract for real property in order to bind the marital community to the terms of the contract. This does not necessarily mean that a purchaser may not have a cause of action against the spouse who does sign the contract in the event of a breach. It also does not... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: What is the difference between a rental agreement and a lease in Arizona.thank you
Adam Martinez
Adam Martinez answered on Jul 14, 2014

A lease is a rental agreement.

1 Answer | Asked in Real Estate Law for Arizona on
Q: My daughter and I bought a home together. She pays the mortgage and taxes. my name is 1st on the deed. can she claim th

E property taxes and interest on her fed. income taxes.

Adam Martinez
Adam Martinez answered on Jul 14, 2014

The order of names on a deed does not affect the rights and obligations of owners of real property. There are a number of issues that arise where parties share in the maintenance and ownership of real property, particularly where there is no written agreement governing the rights and... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: We surveyed our lot & our property line is right up against neighbors covered patio az room. I want to put up fence.

The city said i can put up a fence. We want to protect our property and have a safe place for our animals. I went to code and compliance this morning there is no reason why i can't put up a fence. do i have to allow them access on my property There is no easements on that line. The property is... Read more »

Adam Martinez
Adam Martinez answered on Jul 14, 2014

Generally, an owner of property may exclude another's access to the property. While not required, an owner may grant an easement or license to another to use the property and describe the terms and limitations of such use. There are some uses of property by a non-owner that if not expressly... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: When two peploe share property and one leves for two years is that consider abandment?
Adam Martinez
Adam Martinez answered on Jul 14, 2014

Not necessarily. Generally, an owner of real property is not required to reside in the property for any particular period of time. Leaving the property may, however, have certain consequences depending on any existing agreements between the co-owners or depending on whether the real property... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: I have shared easement (driveway) with my neighbor, they want to blacktop our shared drive way, i don,t see a need.
Adam Martinez
Adam Martinez answered on Jul 14, 2014

The written grant of easement should govern the rights and responsibilities of the driveway between you and your neighbor. Absent specific terms in a written grant of easement, users of an easement generally have a pro-rata responsibility to maintain the easement. The question of whether a... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: What procedure do I need to do to get my name off of my mom's house deed?
Adam Martinez
Adam Martinez answered on Jul 14, 2014

You should properly execute, deliver, and record a deed conveying your interest in the home.

1 Answer | Asked in Real Estate Law for Arizona on
Q: After an offer is excepted to purchase a home in arizona how long does the buyer have to cancel the offer?
Adam Martinez
Adam Martinez answered on Jul 14, 2014

An offer cannot be cancelled after it is accepted without the agreement of both parties. However, even if an offer is accepted and a contract is formed, the terms of such contract likely permits a buyer a certain amount of time to conduct various forms of inspection and cancel the contract if the... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: Parents passed away,wife and sister in law inherited home,50/50 ,can my wife add my name to her half
Adam Martinez
Adam Martinez answered on Jul 14, 2014

Probably. An owner of real estate, absent an agreement that prohibits it, may transfer all or a portion of her interest in the home to another.

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