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Arizona Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Arizona on
Q: Can an HOA use a grader to dig drainage ditches on my property to channel water runoff from a road?

There are 4 trenches total. Two from before I purchased the 40 acres and 2 in the past few years. Trenches about 3 feet wide, a foot deep and many yards long. The trenches serve no purpose once the grader grades the road as that builds a berm that blocks the runoff. They are scars on my property.

0 Answers | Asked in Real Estate Law for Arizona on
Q: Can an HOA in Arizona charge you an "ARC Request" fee after submitting the document if I was never informed of the fee.

The fee just showed up in my account after the review was completed and there is no documentation about a fee anywhere in the HOA CC&Rs, rules, website, etc. If there is no documentation around this fee are they allowed to just charge it without informing me ahead of time?

0 Answers | Asked in Real Estate Law for Arizona on
Q: I am personal rep for my mothers estate. I hired a realtor to sell a property up north and the next thing i knew she

filed a claim against the estate for a large sum of money. she never notified me of her "slip and fall" but proceeded to obtain a lawyer and filed a claim. that was the first i was made aware. i notified the home owners policy but it seems they are questioning the current policy... View More

0 Answers | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Arizona on
Q: Having an issues with Az Yavapai county land use claiming our guesthouse built in 82 is “unpermitted” and must be

Permitted up to standard code. Contractor told me if no permits for construction or remodeling have never been taken out of building , it must go back to year built for permits . Is this correct

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Contracts for Arizona on
Q: I gave Jamison wells $40,000.00 for land . I moved here and now he wont parcel out the property for me. what do I do

I have signed receipts with witness signatures as well as text messages that he says I paid him for the property. I also have texts where he threatened my property so I got an injunction of harassment against him. As well as him threatening to kick me off of his property. without that parcel... View More

Anthony M. Avery
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answered on Jul 1, 2024

Why did you not get a Deed? Now you will have to sue seller for specific performance, and you must have perfect proof that you paid the agreed consideration. But why did you get an injunction without suing for the land? Hire an AZ attorney.

0 Answers | Asked in Contracts and Real Estate Law for Arizona on
Q: Quit Claim Deed

I am preparing a Quit Claim Deed to turn over my interest in a timeshare to my co-owner ex-husband. I have since remarried and have a different name than what is on the deed. How do I deal with that? The property is in Florida.

1 Answer | Asked in Real Estate Law for Arizona on
Q: My Arizona HOA says I can't have a Presidential political sign up in my yard right now. I'm looking at ARS 33-1808 (C)

They seem to think that since Presidents aren't on the Primary ballot for July 30th, that I can't have a "presidential" political sign up. I read it as any political signs can be up 71 days before the primary, if the candidate is still in the running. What do you think?

James L. Arrasmith
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answered on Jun 10, 2024

Under ARS 33-1808 (C), Arizona law permits homeowners to display political signs 71 days before a primary election. The key point is whether this law applies to signs for candidates not appearing on the primary ballot. Your HOA interprets the law to mean that only candidates on the primary ballot... View More

1 Answer | Asked in Real Estate Law for Arizona on
Q: I have possession of the property of which I have had for the last 5 years and solely paid,i need to sell do i need

Permission from the co owner he has been in prison

Anthony M. Avery
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answered on May 7, 2024

All titled owners will need to convey. If the other does not agree, and he can convey from prison, then you might consider hiring an attorney to prosecute a Sale For Partition.

1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: Does title in AZ go back to original title after one person quik claim deeded his 50% to someone and they signed deed ba

My boyfriend and I own property in AZ Deed said 50% each with right to survivorship Boyfriend quik claim deeded his50% to someone and then that person was paid $8500 to sign back to my boyfriend! Now boyfriend dies and I want to sell! Is our title as it was when we purchased

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on May 7, 2024

I strongly suggest you order a title search and consult with an attorney because these transfers may have left you with only half of the property interest which means the other half belongs to your boyfriend's estate.

"Right of Survivorship" in Arizona only applies to married...
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1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Is it lawful for apartment to refuse payment if less than amount owed?
Tim Akpinar
Tim Akpinar
answered on May 1, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. You could try reposting and adding "Landlord/Tenant" as a category. Some questions here ultimately go unanswered, but the new heading could improve chances for a response. Good luck

1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: My girlfriend is getting an inheritance from her dads will.Family lawyer says we have to pay a oath & stamp duty fee

and a nortization fee equaling to a totall of 130k. Im more curious to make sure its not a scam. The inheritance money wise is over 7 million and 65 acres of land.

Anthony M. Avery
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answered on Apr 17, 2024

GF needs to hire an AZ attorney to check out the Probate Action. Then he needs to look into the distribution itself. Notary fees do not justify $130K ever. However it sounds like there are other fees involved, not just for a notary. Also the Deed will need to be drafted correctly to convey... View More

1 Answer | Asked in Social Security and Real Estate Law for Arizona on
Q: child has social security disability wondering if we can use back pay for closing cost on a family home
James L. Arrasmith
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answered on Apr 16, 2024

Yes, it is generally possible to use Social Security Disability Insurance (SSDI) back pay to cover closing costs when purchasing a family home. Here are a few key things to keep in mind:

1. Lump-sum back pay: When an individual is approved for SSDI, they often receive a lump-sum payment...
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2 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arizona on
Q: Father passed away, his name forged on quitclaim, notary found to not be diligent and got commission revoked.

My sister forged our dads name on a quitclaim deed, I had filed a complaint on the notary which originally resulted in her favor but this week I got a letter from the secretary of the state saying they found multiple things she did wrong with the investigation and the fact that they don't... View More

Nina Whitehurst
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answered on Mar 21, 2024

You need a real estate litigation attorney to file a lawsuit against your sister to have the deed declared void due to forgery. Do not delay. But in the meantime, if you get a whiff of the house going under contract then contact the escrow company and pointedly inform them that there is reason to... View More

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1 Answer | Asked in Identity Theft and Real Estate Law for Arizona on
Q: I have a parcel of land, in which I was the owner, seller, and lender, they forged my signature and stolden my land.

All this was done while I was in the hospital with several major surgeries, without my permission or KNOWLEDGE

Anthony M. Avery
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answered on Mar 12, 2024

Hire an attorney now to search the title and draft an action for quiet title, reform deed, ejectment, etc. You cannot do this yourself and will lose the land.

1 Answer | Asked in Real Estate Law for Arizona on
Q: I have recently signed an agreement to sell m property and have now decided not sell due to unforseen circumstances,,,

can i as the seller opt out within 72 hours of signing and having told them i needed to do this is it possible to opt out?

even though my agreement states that the buyer has the option of opting out,,, but does not state that the seller has that same option?

Anthony M. Avery
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answered on Mar 5, 2024

Consult with an AZ attorney to read your contract and give you his estimation of the possibilities of suit for specific performance. If you were given earnest money, that might be forfeited only. Agent commissions are often the main liability.

1 Answer | Asked in Real Estate Law and Civil Litigation for Arizona on
Q: my wife is selling our house to her brother. She plans on taking all proceeds. I'll be left outside with bag and tears

my wife and I purchased the home in El Mirage, AZ on 4/2018. mortgage was put in her name because at the time, the mortgage banker said my credit was ' not quite ' where it needed to be. He said, you can refi in a few years, at that time you can be added.. " ...

my wife and I... View More

Anthony M. Avery
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answered on Feb 26, 2024

Hire an AZ attorney to file for divorce now, prior to the transfer which should be enjoined. Claim the house is marital property. Hopefully you have grounds.

2 Answers | Asked in Real Estate Law, Insurance Defense and Small Claims for Arizona on
Q: In the State of Arizona, can you be sued for more than the amount of an original claim? ($4,500)

Would lawyers be required? If so, who pays the lawyer fees?

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2024

An Arizona attorney should advise, as this could be covered under state-specific civil procedure rules. However, your question remains open for two weeks. The short answer is "yes" in most jurisdictions nationwide. Sometimes interest is capped by statute, but claimants can sue for it.... View More

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1 Answer | Asked in Real Estate Law for Arizona on
Q: HOA Directors and Management company's mismanagement is causing huge special assessment fees and loss in equity of home.

I own a single family residence in Mesa and the community association is in financial crisis. After speaking to the management company, who advised me to sell quickly, I found out that we are looking at first a very large special assessment, and then even then still there's a strong... View More

Peter H. Westby
Peter H. Westby
answered on Jan 24, 2024

You and the other homeowners may have a case against the board of directors for their mismanagement and breach of duty. From the information you disclosed, this should be considered. The directors may have purchased a policy of errors and omissions insurance coverage. If so, a claim could be... View More

1 Answer | Asked in Real Estate Law and Civil Rights for Arizona on
Q: Can a homeowner in an HOA contact the insurance carrier of D & O policies ? The homeowner is payor of the premium

Assessments pay insurance premiums, so can they legally contact the insurer?

James L. Arrasmith
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answered on Jan 21, 2024

Yes, as a homeowner in an HOA who pays the premiums for the Directors and Officers (D & O) insurance policies, you typically have the right to contact the insurance carrier. Since you are the payor of the premium, you have an insurable interest in the policy, and it's within your rights to... View More

1 Answer | Asked in Real Estate Law for Arizona on
Q: We purchased our home 2 years ago as is. Now the house is falling apart and we want them to pay for all damages.

My husband and I purchased our home almost 2 years ago. We have recently found out that they did not disclose everything truthfully. They stated that all piping was replaced, we found out a few months ago that there is a cast iron pipe running from the guest bath almost through the entirety of the... View More

Peter H. Westby
Peter H. Westby
answered on Jan 12, 2024

It appears that you have a non-disclosure claim against your seller and, possibly, against your seller's agent. Both have a duty to disclose. I recommend that you have your home inspected carefully by a licensed contractor. If your seller failed to disclose the items you mentioned, the... View More

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