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Arizona Real Estate Law Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Arizona on
Q: Do other access roads, though not in good condition, negate a prescriptive easement?

A prescriptive easement exists and a new property owner fenced the easement. Can the new property owner legally fence off the easement? Three other access roads exist, however, none of them are in good condition and are longer. Can the new owner be forced to remove the fence? And do the other... Read more »

Peter H. Westby
Peter H. Westby answered on Jan 13, 2020

This is not a question that can be easily answered here. The answer depends upon many facts that were not included in your fact summary, including but not limited to the history of the easement that has been fenced off. I strongly recommend that you have this matter reviewed by a real estate... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: A question on paying real estate commissions to a management company that was terminated.

I am selling a residential rental property to the tenant. I have a contract with the old management company that requires I pay them 6% if selling within 180 days of the lease termination, even though I brought the tenant to them. I terminated the lease early and had a new lease signed. I also... Read more »

Peter H. Westby
Peter H. Westby answered on Jan 7, 2020

I strongly recommend that you consult with a real estate attorney. Your question cannot be answered without reviewing the contracts and other materials you mentioned, including correspondence between you and the management company. You can be sure that the management company will interpret its... Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for Arizona on
Q: There is an auction coming up, I saw the owner just placed a "lis Pendens" to stall post auction.

Checking the county recorder's office, this was recently filed. The bank foreclosed, but it looks like she wants to live in the house awhile after the auction. How much trouble will a Lis Pendens be? It could be that she thinks no one will bid on her house with that move. I don't really know if... Read more »

Peter H. Westby
Peter H. Westby answered on Jan 2, 2020

A lis pendens is intended to give notice of litigation that is currently pending and concerns issues of title or ownership of the real property. It creates a unlawful cloud on title if used for any other purpose and can be removed by court order if necessary. Assuming the pending foreclosure was... Read more »

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1 Answer | Asked in Contracts, Real Estate Law, Constitutional Law and Probate for Arizona on
Q: Paid mom for property, she died intestate, outstanding mtg.1616. Is property part of estate.I was assigned title.

I will assume 1616 owed on mtg. Since I also had POA, and property was security to me coupled POA, can I just file as owner with contract. I fully performed.

Nina Whitehurst
Nina Whitehurst answered on Jan 2, 2020

It sounds like you paid for the property but never got a deed. Yes, the property would be part of her estate and you have a claim to receive it pursuant to contract. You should hire a probate attorney to help you pursue that claim.

1 Answer | Asked in Real Estate Law for Arizona on
Q: Although I have resided in Green Valley over 2 yrs, I have issues with property in Arkansas where I previously resided.

Are attorney's in this state dealing with issues in other states?

Peter H. Westby
Peter H. Westby answered on Dec 30, 2019

You will need to consult with an attorney licensed to practice in Arkansas concerning Arkansas real property matters. Real property law varies from state to state and an Arkansas real estate attorney should be hired to assist you.

1 Answer | Asked in Real Estate Law for Arizona on
Q: Can a buyer back out of a real estate agreement after closing

I was told they have 72 hours after closing to back out

Vincent Gallo
Vincent Gallo answered on Dec 7, 2019

Not in New York you can't, perhaps absent some overwhelming fraud perpetrated by the Seller.

1 Answer | Asked in Real Estate Law for Arizona on
Q: What does a lien on a house do? I can't afford the offered settlement amount on a HOA issue and they will not help me.

When I bought my house (2017) the previous owners paid for one year of HOA. After that, I never received a bill or notice of a past due balance until this year. But the bill I received was only for 2 quarterly payments. I paid the past due one and planned on paying the second one but it slipped... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 2, 2019

A lien on a house means that when you sell your home, the amount of the lien has to be paid before a clean deed will be provided. It is best to contact an attorney in Arizona who can assist you with with Arizona law and the specifics of your case.

I wish you well.

-The Upshaw Law...
Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Arizona on
Q: I bought and am paying for a home but my aunt is on the title. What happens if she has to use ALTCS?

I bought a HUD home in Tucson, AZ for my Aunt to use. She could not afford to live on her own. Since it was HUD, she had to be on the title with me as she is the full time resident and I use it as a vacation home. I have paid all money for the home and continue to pay the mortgage. If she uses... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 22, 2019

Your question is missing important facts. Exactly how is the house titled? Tenants in common? If so, in what percentages? Or is the deed silent on that? Joint tenants with right of survivorship?

You do have a legitimate concern, plus other issues you may not have considered (such as...
Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: My husband and I are separated, not legally. Can I buy a house in Georgia without him having to be involved?

I do not want to have his bills considered nor credit. I want it in my name alone.

Peter H. Westby
Peter H. Westby answered on Nov 14, 2019

Under Arizona law every asset purchased during marriage is presumed to be community property. To protect your investment your husband should disclaim his interest. I recommend working with an Arizona family law lawyer to assist you with this transaction so that your goals can be accomplished and... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: I own a home with a boyfriend 1/2 and 1/2. We have broken up. Can I force him to sell so I can get my equity?
Peter H. Westby
Peter H. Westby answered on Nov 4, 2019

Yes, if necessary you can file an action for the partition and sale of this real property. The court will appoint a special commissioner ( a real estate agent ) to market and sell the property and the court will decide how the sales proceeds are to be divided if this becomes an issue.

1 Answer | Asked in Real Estate Law for Arizona on
Q: i recently erected a us flag on my property and received a notice I was not in compliance with the HOA.

I was unaware that I need the HOA's consent to do so. I am in non compliance because my flag pole is not one of the specified colors in the HOA guide....Black-Bronze-or dark gray. My pole is brushed aluminum. My home is white and the colors required by the HOA do not permit the pole to blend in... Read more »

Peter H. Westby
Peter H. Westby answered on Nov 2, 2019

In most cases, you can appeal a non-compliance notice. Check your CC&R's for the procedure to do this. I recommend communicating promptly and attempting to work out a settlement. If this matter is not resolved, it is possible that you will be fined or sued by your HOA. Your CC&Rs as well as the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: I moved in with my BF 4 yrs ago. His mom owned the house and didn't charge rent. She died and his step

His stepdad has Alzheimer's. He moved out and wants me to pay him rent. He sleeps here more than not. Can he evict me? In AZ

Peter H. Westby
Peter H. Westby answered on Oct 30, 2019

If your BF has inherited the home and is the owner or if he is the court appointed personal representative of his late mother's estate, he can evict you.

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Does a home buyer have any recourse to get payment for repairs not properly completed by the seller before the sale?

AZ home sale: Defect items in the parapet stucco contractually agreed to be repaired were not properly repaired before the sale. Now, the improper repair is being discovered. Does the new homeowner have any recourse?

Vincent Gallo
Vincent Gallo answered on Oct 19, 2019

Without a written survival agreement, your only option was to have not closed until all the repairs were properly completed to your satisfaction.

1 Answer | Asked in Real Estate Law and Tax Law for Arizona on
Q: Property Taxes ??

My sister and I own 5 acres of farmland in McFarland, CA. we inherited from my Father’s estate in 2009 he passed away in 2007. I live in Tucson, AZ. I’ve been paying the property tax for 12 years and my sister who lives in CA. just ignores all of my attempts for her to pay her share. I once... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 10, 2019

Sue for partition or liquidate.

1 Answer | Asked in Real Estate Law for Arizona on
Q: I am 1/3 owner of a home. Am I entitled to receive the $ back I put into it when ending partnership?
Peter H. Westby
Peter H. Westby answered on Sep 17, 2019

Maybe. It depends upon the terms of your partnership agreement. It is also possible that you are entitled only to 1/3 of the equity value of the home or nothing at all until the house sells at some future time. I recommend that you consult an attorney concerning your legal rights. This can be... Read more »

1 Answer | Asked in Business Law, Contracts, Real Estate Law and Securities Law for Arizona on
Q: I am seeking a R E attorney close to the Mesa area for a long term relationship, who can help me with creative deals.

I also require advise with private loans.

Looking for references. Please!

Tim Akpinar
Tim Akpinar answered on Sep 14, 2019

This isn't a referral service; it's just a question and answer board. If you want to find an attorney, you could contact those on this site under the Find-a-Lawyer tab above, conduct your independent searches, or try the State Bar of Arizona. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Federal Crimes and Real Estate Law for Arizona on
Q: I am a surety for a property bond for my brother in a criminal case in federal court. I need help with a Bond Forfeiture

My brother has been sentenced and is serving his time currently. He was released on bail in 3/2019 and had no issues until a dirty drug test. He was required to appear before the judge and surrender earlier then his original surrender date in his sentencing. The court then exonerated the bond. The... Read more »

Gary Kollin
Gary Kollin answered on Sep 12, 2019

You need to retain a lawyer in the federal district where the forfeiture occurred

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Can the HOA force me to change the color of my garage door after 14 yrs, said was painted wrong when built?

Bought home 5 years ago, HOA inspection report made no mention of any violation or out of compliance issues regarding house color. CCR say I only need approval to change house color, yet they want me to change the garage door color. I say after 14 years, the current color I have is what I'm keeping... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 12, 2019

You are going to lose this fight.

1 Answer | Asked in Foreclosure and Real Estate Law for Arizona on
Q: I am concerned that I am signing a lease agreement on a house that is going to go into foreclosure .

I’ve been offered a lease agreement at a very low rate considering the property. It does have cosmetic issues, and is in need of quite a few repairs, but overall in decent shape.

I’ve verified that the person that I am dealing with is in fact the owner of the home already, so I do not... Read more »

Peter H. Westby
Peter H. Westby answered on Sep 11, 2019

You have rights under the Protecting Tenants at Foreclosure Act. In the event the house you are renting is foreclosed upon, you have a right to a minimum of 90 days notice before your lease can be terminated. And if the buyer is a business or other entity that has no plans to use the home as a... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: Moving out of a rental to another rental. Do I have to pay rent for that day to both property owners?

I am moving out of one rental on the 18th of the month in the morning. I will be out by noon. I will be moving into another rental and have already paid rent for that day to the new rental owner. Do I still have to pay the rent for that day to the owner of the place where I am moving from?

Peter H. Westby
Peter H. Westby answered on Sep 7, 2019

You have two rental agreements. One with the old landlord and one with the new. You must honor both. If your first rental agreement requires you to pay rent on the day you move, you should pay the rent agreed upon. If you do not, your landlord has the right to withhold unpaid rent from your... Read more »

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