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Questions Answered by Adam Martinez

1 Answer | Asked in Real Estate Law for Arizona on

Q: What is required to cancel a AZ RE purchase contract in the state of AZ during the buyers 10 day inspection period?

Adam Martinez answered on Jul 14, 2014

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 »

1 Answer | Asked in Real Estate Law for Arizona on

Q: Is it ethical/legal for a Realtor to advertise a rental at one monthly price and then increase rent by $200.

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 »

Adam Martinez answered on Jul 14, 2014

A.C.C. R4-28-502(C) provides:

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 »

1 Answer | Asked in Real Estate Law for Arizona on

Q: Can I withdraw my property listing because I decided not to sell it.

Adam Martinez answered on Jul 14, 2014

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 »

1 Answer | Asked in Real Estate Law for Arizona on

Q: What form do i need to claim forfeiture property

Adam Martinez answered on Jul 30, 2011

A.R.S. 33-741 through 750, contains the language and notice requirements for legally and properly completing a forfeiture of a purchaser's interest after default.

1 Answer | Asked in Real Estate Law for Arizona on

Q: Do I have to grant an easement for ingress and egress on a old unused dirt tract when its not on my deed?

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.

I told him then that I would not give... Read more »

Adam Martinez answered on Jul 30, 2011

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 »

1 Answer | Asked in Real Estate Law for Arizona on

Q: Adverse Possession,if a Dam is washed away and rebuilt is it the same Dam

Adam Martinez answered on Apr 3, 2011

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 »

1 Answer | Asked in Real Estate Law for Arizona on

Q: How many people may occupy a one bedroom in Arizona?

Can a husband, wife and there child (2 years old) stay in a one bedroom?

Adam Martinez answered on Apr 3, 2011

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 »

1 Answer | Asked in Real Estate Law for Arizona on

Q: I have forcelosed on property. Am I responsible for unpaid sewer fees? No lien was filed.

Adam Martinez answered on Mar 13, 2011

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.

1 Answer | Asked in Real Estate Law for Arizona on

Q: Can a HOA post "NO LOITERING" signs in community park area?

Adam Martinez answered on Mar 12, 2011

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 »

1 Answer | Asked in Landlord - Tenant for Arizona on

Q: I have won an eviction case against my tenant and she has five days to move. What if she does'nt?

Adam Martinez answered on Mar 12, 2011

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 »

1 Answer | Asked in Landlord - Tenant for Arizona on

Q: My sister just received notice at 5pm today that she has to move by 8am tomorrow (Sunday) morning. Is that accurate?

Adam Martinez answered on Mar 12, 2011

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 »

1 Answer | Asked in Landlord - Tenant for Arizona on

Q: If I'm renting and property is up for foreclosure next month, can I break lease if I want? Or do I have to stay?

Adam Martinez answered on Mar 12, 2011

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 »

1 Answer | Asked in Real Estate Law for Arizona on

Q: Does a real estate broker/agent need a special property management license to manage properties, i.e. assets or REO's?

Adam Martinez answered on Mar 11, 2011

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 »

1 Answer | Asked in Real Estate Law for Arizona on

Q: The VA would not give partner a loan in both our names unless we married. Can we still hold the deed as joint tenants?

Adam Martinez answered on Mar 11, 2011

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 »

1 Answer | Asked in Real Estate Law for Arizona on

Q: I'm in 10 year personal guarantee lease in a development that failed to be developed. Can I get out of it?

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?

Adam Martinez answered on Mar 11, 2011

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 »

1 Answer | Asked in Real Estate Law for Arizona on

Q: I own land with an ingress/egress easement and other party is trying to make changes w/o permission. Can they?

Adam Martinez answered on Mar 11, 2011

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.

1 Answer | Asked in Real Estate Law for Arizona on

Q: Can an HOA prevent additional energy-saving insulation from being installed?

I would like to add a new surface to the outside wall this will include additional insulation.

Adam Martinez answered on Mar 11, 2011

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 »

1 Answer | Asked in Real Estate Law for Arizona on

Q: Does a Homeowner's Association have the right to ask for specific medical info when requesting a variance for disablity?

Adam Martinez answered on Mar 11, 2011

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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