The answers to these questions should be in your brother's real estate purchase contract. In the standard purchase contract used commonly in Maricopa County, there is usually a risk of losing his earnest money deposit or even being sued if he cancels. However, since this is a rent to own... View More

The new owner of your home has the right to evict you without first paying off the first mortgage loan.

He will need your mother's signature or her valid Power of Attorney in order to sell the home in a traditional sale. A title company will require the signature of both owners. However, it is possible that he may attempt a non-traditional sale. He might convey, or attempt to convey his... View More

I recommend that you contact a real estate attorney in Arizona, but the answer is going to be no.

You can also work with the timeshare resort's managing entity. They will advise you that this action would not be permitted. Many resorts will not even allow ownership until someone is 21... View More

If you want to cancel your listing the first step that I recommend is to negotiate a cancellation with your realtor. If you have a hardship situation, most realtors will work with you. They may want you to reimburse them for any advertising costs that they have had for your home but this is... View More

So long as your case is still pending it is never too late to correct any errors or disclosure issues and you should do so as soon as possible. You may also want to consider obtaining professional help to respond to the motion to dismiss. Correcting deficiencies and providing disclosure materials... View More

If you move quickly you should be able to collect. I recommend having your court order reviewed by an attorney. It may be possible to record the order and collect at COE. If, after review, this does not appear feasible, you can proceed through the Court to obtain payment of your portion of the... View More

Yes, your ex has a good claim. These issues arise frequently. In most cases it is best to settle if this can be done reasonably. If not, a partition action can be filed with the superior court to order the home sold. In this event, the judge will decide what the interest of your ex is and how... View More

This is a common situation and there is an easy solution. Your husband can sign a special warranty deed from him to both of you taking title as community property with right of survivorship. This will solve the problem created by the disclaimer deed and will give you more protection in the event... View More

If your dad disposes of his real property during his lifetime, or if your step-sister does using his power of attorney, any beneficiary deed for that property would be rendered moot.

If you are also on the deed to your sister's home, you may be able to force the sale of the home through a partition action in the Superior Court. If not, your options are few without your sister's cooperation. Sister will need to refinance or sell the home to get you off the loan.

A special warranty deed is the instrument of choice. It contains warranties by the seller that the seller has done nothing to impair title to the property conveyed. A quitclaim deed is not favored. It contains no warranties of title. It transfers whatever title the seller has, if any. Where... View More

If you and your brother have taken title under a beneficiary deed, you can usually force the sale of the property by filing an action for partition in the superior court. The court will appoint a real estate agent to list and sell the home. The court is also available to decide how to split the... View More

If you purchase the vacant lot you would also be entitled to the benefits and the cost of any recorded agreement that runs with the land. The well agreement would need to be researched to see if it is merely a private agreement between owners or if it was recorded and binds all future owners.

It is important that the deeds to your properties are in your name only. In addition, your husband should sign a disclaimer deed for each of your properties confirming that they are your sole and separate property and he has no interest in them The disclaimer deeds must be recorded.

Your options are to:

1. cancel the transaction and obtain a refund of your earnest money deposit, or:

2. continue with the transaction and have the title company pay off the tax liens at close of escrow along with any other encumbrances that may exist.

The existence of... View More

Your rights depend upon what provision your grandparents made for you in their Wills or Trust. If no provision was made, you have no right to remain in the home but, in most cases, the persons who will inherit the home will allow you a reasonable time to re-locate.

You can request a police officer to meet with you and your boyfriend at your home to ensure that there is no problem during the move. However, an officer's time is limited and there is no assurance that he can supervise the entire process.

You have the right to enforce all of the terms of your listing agreement with your former client and can demand payment for the resources you provided, the photos, that are now being used by your former client and the new realtor. You can also speak with your broker concerning the conduct of the... View More

You may have a claim for damages but this matter would need to be carefully investigated before making any decision as to the best course of action. Changing the course of water drainage to protect one property can create problems for neighboring properties. I recommend hiring a Hydrologist/... View More