The cancellation of a purchase contract is governed by its terms. In the Arizona Association of Realtors® Residential Resale Real Estate Purchase Contract, cancellation during the inspection period is governed by Section 6j, and generally involves notice to the seller of the intention to cancel as...Read more »
An Arizona realtor acting as property manager for an individual owner of a rental condo unit advertises on the MLS with a rental price and then adds a "share" of the tenants HOA fees onto the monthly rent after the tenant has verbally agreed to the monthly rent. In the MLS, it says the rent... Read more »
A salesperson or broker shall ensure that all advertising contains accurate claims and representations, and fully states factual material relating to the information advertised. A salesperson or broker shall not misrepresent the facts or create misleading...Read more »
A listing is a form of advertising. Some listings are informal or may undertaken by a home owner alone, such as the use of "For Sale By Owner" signs or placing information about the home in the "Classifieds" section of a newspaper publication. Other listings require an affiliation with a listing...Read more »
I have owned a patented mining claim outside of Tombstone, AZ for 10 years. There are no easements recorded on my deed but 3 years after I bought my property a guy showed up saying I have to grant him access. He had just bought two claims at that time.
If there are no express (or recorded) easements giving the person a right of access to your property, then you are probably not entitled to grant any easements. There are a couple of exceptions, such as a, implied or prescriptive easement (adverse possession), but it does not sound like those...Read more »
Whether a rebuilt dam constitutes the "same" dam is probably not material to a question of adverse possession. Generally, when a person takes exclusive and open possession of or uses land that belongs to another person, without permission and under a claim of right that is adverse to the legal...Read more »
Occupancy restrictions are governed by the landlord of the property and applicable municipal safety codes. A husband and wife are probably permitted to occupy one room with a child. Usually, municipal codes do not consider children under 13 when establishing occupancy standards. Additionally,...Read more »
No. The unpaid fees would become a lien on the property after being recorded. Even if a lien was recorded, the foreclosure would extinguish the lien unless the lien was recorded prior to the recording of your mortgage. See A.R.S. 9-511.02.
Probably. It depends on whether the association's governing documents prohibit certain signs. While there may be certain restrictions on the size, color, and placement of the sign, it is probably not prohibited. Loitering in Arizona includes gambling, soliciting sex, and conduct likelythere is...Read more »
Make sure you obtain your writ of restitution from the court five days after judgment was entered against the tenant. If the tenant has not moved during that time period, you will have to give the writ of restitution to the constable (if judgment was in the justice court) or sheriff (if in the...Read more »
After reading the question, my 10-year old daughter said, "No. That is not accurate. They have to at least give her a month to get ready." And while my daughter has no legal training, she is likely correct. Assuming that your sister is or was renting on some type of month-to-month agreement, the...Read more »
Once the landlord loses the home at foreclosure, the lease terminates. While a recent federal law requires banks or others that acquire homes after foreclosure to honor the remaining term of a tenant's lease even after the foreclosure, the tenant is not required to continue renting the home after...Read more »
No. However, property managers must comply with additional regulatory requirements. A broker or agent that does not have experience in property management should carefully review the statutes and Commissioner's rules regarding property management (and landlord and tenant issues, if applicable). A...Read more »
Yes. A married couple or other multiple owners may hold title to property as joint tenants, or as joint tenants "with rights of survivorship" (in which an owner's interest automatically transfers to the other owners upon his or her death). Married couples can also hold property as community...Read more »
Since they all pulled out so did most of the tenants. Center filed BK and went into foreclosure. A few attempts to take on buyers of the center of come and gone. NO ATTEMPT to lease the center has taken place. Can I leave, ramifications? Counter sue?
Possibly. However, many commercial leases include a subordination, non-disturbance, and attornment agreement (SNDA), in which the tenant agrees to continue its obligations under the lease if the property is transferred in a sale or foreclosure. Other leases provide that the tenant may terminate...Read more »
The general rule is that a property owner cannot make changes to an easement if the changes are inconsistent with the terms of the easement, e.g. easement is for 40 feet and changes would make easement 35 feet, or if the changes "unreasonably interfere" with the use of the easement.
Probably not. However, it depends on what the association's governing documents, e.g. CC&R's, Architectural Guidelines, etc., provide. In many cases, the governing documents require that a homeowner obtain the association's approval when painting, or making any alteration to the exterior of a...Read more »
Associations, like housing providers, are generally required to make "reasonable accomodations" for individuals with disabilities, e.g., allowing service animlas even though "no pet" rule, etc. Where the disability is not obvious, an asociation may require verification of the disability, but the...Read more »
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