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... View More

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.

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... View More

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... View More

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... View More

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

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,... View More

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... View More

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... View More

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... View More

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... View More

A lease is a rental agreement.

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... View More

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... View More

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... View More

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... View More

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

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... View More

Yes.

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.