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Arizona Real Estate Law Questions & Answers

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 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 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 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 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 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 »

1 Answer | Asked in Real Estate Law for Arizona on

Q: Should I be given an addendum to sign for new owners since my lease is not yet up?

The new owner of the house I rent has not given me any legal documents showing they are my landlords. They’re charging me administrative fees the previous property management company had in their lease addendum, even though they’re not a company. Otherwise, my original lease was from two... Read more »

Peter H. Westby answered on Aug 7, 2019

A new owner of a home takes it subject to any valid existing leases. Your lease remains valid for the remainder of its term. An addendum to the lease is not legally necessary. However, the new landlord should comply with Arizona law and give notice as to who the new property manager is and how... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Arizona on

Q: Can I the seller cancel my listing agreement with the real estate agent on my home if I decide I no longer want to sell

Are there any costs that I would be liable for the property has a sign on it and has been listed on the MLS

Peter H. Westby answered on Jul 22, 2019

A listing agreement can be cancelled in most cases, but there can be costs and penalties associated with cancellation. For example, you may be asked to reimburse your agent for his marketing costs. Or, if you decide to sell at a later date, it is possible that your agent may make a claim against... Read more »

1 Answer | Asked in Real Estate Law for Arizona on

Q: My question is in regards to property and a house my mother and father owned but both are deceased now.

My question is in regards to property and a house my mother and father owned but both are deceased now.

A sibling is living there now and wants to sell the property. Can she sell the property if it is not under her name? If there is a will what rights do I have to claim a portion of the... Read more »

Peter H. Westby answered on Jul 18, 2019

Your sibling cannot sell this property unless she has a legal right to do so. This usually means that she must be the property owner or the court appointed personal representative for a deceased owner. Since both parents are now deceased, your rights will be determined by the provisions of their... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for Arizona on

Q: Is it legal for a real estate agent to sell a home without instillation? We do not have us with a disclosure form.

They never provided us with a disclosure form, or any approvals from the inspection.

Peter H. Westby answered on Jul 18, 2019

Selling without an inspection or disclosure can be legal. It depends upon how your contract was drafted. You may still have legal recourse if items were concealed or not disclosed despite anything to the contrary in your contract. I recommend reviewing this matter with an attorney. Once your... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Arizona on

Q: Can an arizona landlord terminate a lease for renovation purposes?

Peter H. Westby answered on Jul 11, 2019

This is possible. It depends upon the terms of the lease as well as other pertinent facts. I recommend that you review this with a real estate attorney. Once your attorney reviews your lease and knows the facts, he or she will be able to let you know your legal rights and best options.

1 Answer | Asked in Contracts and Real Estate Law for Arizona on

Q: I have a 5 Day Eviction Notice fee of $100. Do I have to pay the fee if I just pay the required amount for the lease?

Bruce Alexander Minnick answered on Jul 8, 2019

If your landlord has filed an action to evict you, you will be evicted unless you do something to defend yourself in the court that has jurisdiction; and to do so you may have to pay the amount of rent due into the registry of the court--which usually charges some fee for doing so. If you owe the... Read more »

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Arizona on

Q: If I leave the house with my kids will it cost me in the divorce?

Do I have to continue living in the house until the divorce is final? Will the Judge see it as abandoning?

Mike Branum answered on Jun 21, 2019

In many cases it is actually advisable for one of the parties to leave the marital home during the divorce if the divorce is contentious. The children do not need to be exposed to the two of you fighting. The split is going to be hard enough on the children as it is; seeing their parents arguing... Read more »

1 Answer | Asked in Real Estate Law for Arizona on

Q: I submitted for a refund of an admin fee from a property manager May 14th. Well past the 14 days allowed. What can I do?

I have emails confirming May 14th and the only follow up I have received is telling me to just wait longer for my money. I saw online they have 14 business days to provide this refund legally. We are beyond that threshold and Shelton-Cook (Property Manager) has stopped communicating with me... Read more »

Peter H. Westby answered on Jun 10, 2019

Assuming your situation falls within ARS 33-1321, you can file a civil lawsuit against your former landlord to seek a judgment for the money owed. Once you have your money judgment you can use other civil remedies such as execution and garnishment to attempt collection. However, when you file a... Read more »

1 Answer | Asked in Real Estate Law for Arizona on

Q: Singned a 12 month lease eight years ago. Never renewed a lease since. Owner said next month rent is increasing. Legal?

Peter H. Westby answered on Jun 7, 2019

Probably legal. In most cases you would be on a month to month tenancy after the expiration of your original lease term unless the lease is renewed by you or renews automatically. If you are on a month to month tenancy, the landlord can increase rent on 30 days notice. If you are on a renewed... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Arizona on

Q: Can one attorney handle deed issues in 2 different counties in Arizona?

Mom is in hospice in Texas. She owns a property in Maricopa and Gila counties. Will need to get daughters name added to the deeds of these properties and on the Maricopa property we need to remove her husband who passed away.

Ryan K Hodges answered on Jun 5, 2019

Yes, an attorney should be able to handle deeds in two different counties within Arizona. Deeds from other states may be a problem.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on

Q: What can I do to remove someone that has decided to squat in a vehicle on our property

Lived next door just moved in asked to leave but still there now demanding electric services

Peter H. Westby answered on Jun 4, 2019

If you are the property owner you should call the police and have the person removed as a trespasser. If you are a tenant, your landlord should handle by having the trespasser removed. If the police will not or cannot help, I recommend consulting with an attorney. You may need to take legal... Read more »

1 Answer | Asked in Real Estate Law for Arizona on

Q: As the defendant in a Quiet Title action, do I need to ask for a stay if an unlawful detainer is in complaint

Joseph Holland answered on May 16, 2019

You would ask for a stay only when the status quo must be maintained to avoid immediate and irreparable harm AND you can show a strong likelihood of prevailing. I gather from your question that you are being sued with at least 2 counts: Count 1 is stating that you have refused to turn over... Read more »

1 Answer | Asked in Real Estate Law for Arizona on

Q: The deed to my house has an error on it, is it still legal?

I bought the marital house from my ex-husband, on the deed it states he is an unmarried man, but he was married at the time. No one caught the mistake and the deed was recorded. Is my deed legal and binding?

Joseph Holland answered on May 16, 2019

Yes. As I understand your question, your ex-husband 'sold' his interests in the property to you ancillary to the divorce proceedings. Even though when he signed it he was still married to you, it will not be a problem for purposes of getting title insurance/clear and marketable title. If we has... Read more »

1 Answer | Asked in Real Estate Law and Probate for Arizona on

Q: How do I find out if my stepfather had a will?

My stepfather has been dead since 1977. My Mother died in 2016. She willed her home to me. I am trying to sell the home and now the court wants proof that my stepfather no longer owns half of the property? What do I do? I need a will to prove he left it to my Mother but do not know how to find it.

Peter H. Westby answered on May 2, 2019

From the facts you provided, I am assuming that your mom and stepfather held title to their home as tenants in common. To find a will, I have seen ads run in legal periodicals inquiring about a will for deceased individuals. You can also check with the Superior Court in the county where your... Read more »

2 Answers | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Arizona on

Q: My fiance and I are trying to assume her parents property in AZ. We live in WA and not sure how the process would work.

We dont want to go through an agent. Just wanna refinance their current mortgage to have our names on it.

Peter H. Westby answered on May 2, 2019

You have described what amounts to a purchase of a home. A purchase contract is needed and I recommend that an escrow be opened with a local title company to handle the transfer. Then you would apply for a new loan to pay off the existing financing on this property. Your lender will also want... Read more »

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