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Arizona Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Arizona on
Q: Can an HOA charge homeowners a fee, in addition to the HOA fee, for the upkeep of the community pool and gym?

We live in an HOA community. They have written into every house sale contract an obligation to pay $100+ a month recreation fee. This is entirely separate from the HOA fee, which is more, and goes for the upkeep of the swimming pool and the exercise room. My husband is 80 and I am 77 with severe... View More

0 Answers | Asked in Contracts and Real Estate Law for Arizona on
Q: When a legal notice states 5 days to take an action, is that 5 business days (M-F) or 5 calendar days include Sat & Sun?

I received an Intent to Terminate Rental Agreement on 4/17/2024. It stated 5 days to pay up or eviction would be filed. On 1/24/2024 I was informed that eviction proceedings were filed and $700 costs was added to my past due balance. Today, 4/24 I tried to pay up the total due on their online site... View More

0 Answers | Asked in Criminal Law, Estate Planning, Products Liability and Real Estate Law for Arizona on
Q: Security cameras on my property. I've had instances of workers unplugging my security cameras.

The cameras are attached to the house. I want to know where the law falls on security cameras and hired service workers.

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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0 Answers | Asked in Real Estate Law for Arizona on
Q: HOA architectural dispute over backyard gate that will be providing easement to common area. Grounds for legal counsel??

Currently there are NO CC&Rs that prohibit a gate. We were declined for the sole reason of "Not appropriate for this neighborhood". We are wondering if we have a case that a lawyer could help us with, or not enough leverage on our side to seek counsel

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

1 Answer | Asked in Real Estate Law for Arizona on
Q: We have a HOA we service back in September and they are finding every excuse to not pay us can we file a mechanics lien?

I would like to know if the mechanics lien will be the right step to get paid for a job we have done(note: it was a 5ft firebreak clear of weeds, shrubs, tree)? Can someone please advise

James L. Arrasmith
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answered on Dec 27, 2023

In Arizona, filing a mechanic's lien can be an effective way to secure payment for services rendered, especially in cases where your client, such as an HOA, is not fulfilling their payment obligations. However, it's important to understand the specific legal requirements and procedures... View More

1 Answer | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Arizona on
Q: My brother's girlfriend physically produced a quitclaim signature two days before his passing in a hospice facility.

She payed $1,000 to have a notary present and legalize the quitclaim of his house, everything in it and a wishlist of his financial accounts to be used to support her. This was witnessed by my living brother and sister. When they asked what the signatures where for, she said they were just papers... View More

Andre L. Pennington
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Andre L. Pennington
answered on Dec 17, 2023

Among other considerations, your brother had to knowingly know what he was doing without undue influence. It sounds like there may be issues with this transfer. You may want to consult with an experienced probate litigation attorney.

1 Answer | Asked in Real Estate Law for Arizona on
Q: If I brought a house and the seller didn't say the additions didn't have permits can I sue the seller?

I brought a house and tried to sell it later. An offer over asking price was made but once the inspection got done I learned the additions where not permitted and I had to bring the price down 25k. I was never told that the additions wasn't permitted by the seller or the person I had do my... View More

T. Augustus Claus
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answered on Dec 8, 2023

In Arizona, if a seller fails to disclose unpermitted additions to a house, you may have legal recourse. This could include claims such as breach of contract, fraud, or misrepresentation, as sellers are obligated to disclose significant property issues.

Understanding key factors is...
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1 Answer | Asked in Real Estate Law and Identity Theft for Arizona on
Q: I'm being evicted after a false deed was recorded by someone I don't know.

I was told I'm gonna be evicted in two days because. Someone filed a false deed at the recorders office. for my properly. Do I have to get out?and just walk away from my home I have 2 kids and 7 animals I can't just leave my home I don't know what to do

Anthony M. Avery
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answered on Nov 27, 2023

Hire an AZ attorney immediately to search the title and file an Ejectment and Quiet Title Action. If the thief sues for possession, you must defend your title in Court.

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Arizona on
Q: Quiet title.

My wife is one of four sisters on a family trust. We bought property from her parents through the trust. We paid on it for 5years. I started college in 2008. Her parents had us over for dinner and told us they didn't want us to make anymore payments while I was in college. Then 3years later... View More

Anthony M. Avery
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answered on Oct 11, 2023

Partition Sale is probably the only remedy here. Asking for contribution will most likely be denied.

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