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Arizona Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Arizona on
Q: If a home under contract is stil in the inspection period can the buyers cancel for any reason?
Adam Studnicki
Adam Studnicki
answered on Jan 21, 2016

The contract should answer this. A local lawyer can review and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: HOA Parking violation

Jurisdiction: Cortina HOA in Queen Creek, AZ. Received fine for allegedly parking on a city street, NOT HOA owned. HOA does not have any homeowners' plates info and just assesses fines to home owners who have cars parked out front wether it is your car or not. HOA says they will continue to... View More

Adam Studnicki
Adam Studnicki
answered on Jan 13, 2016

Start by checking CC&Rs and HOA rules.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: Suing for 1/2 of mother's house.

My brother has been living in our mom's house for 5 years now. I asked him to buy me out. He ignored me for 2 years, so I took legal action. I live in AZ, he in Philadelphia. What happens if he cannot get a loan? Thx

Adam Studnicki
Adam Studnicki
answered on Dec 28, 2015

Much more information is needed to answer than is provided in your question. Not clear who owns the home, what legal action was taken, etc.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: My neighbors cut my tree without asking me. Gilbert Code says it is unlawful but claims it is a civil matter.

It is a fig tree that is 35 feet tall (it was just measured today). This tree may not survive the extensive damage done by the neighbor's "trimming" and I'm not sure what I can do legally. Can I have them pay for the damage? I plan to call my arborist to ask for his advice... View More

Adam Studnicki
Adam Studnicki
answered on Dec 19, 2015

You can sue. It may be a matter for small claims court.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: Can I demand to be present for the presentation of my client's offer?

As a licensed real estate agent in Arizona, can I demand that a listing agent allow me to be present for the presentation of my client's offer to the seller? Where can I find specific laws regarding the presentation of offers?

Adam Studnicki
Adam Studnicki
answered on Dec 19, 2015

I'd be surprised if this is the case, but check with a local real estate lawyer to verify.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: Is there any way a neighbor's young adult kids can claim a right to break into our house and steal all our property?

We are in the middle f relocating across the country. We had been packing our beongings and property in our home in A to prepare to get a moving truck to relocate to AZ, but there was an unexpected delay in the moving of our belongings. We were away from our home in PA for approximately 2 months,... View More

Adam Studnicki
Adam Studnicki
answered on Dec 19, 2015

Why not show them the proof if it helps their investigation?

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: Regarding disputes with a HOA, is title 41-2198.01 a good place to start after trying to resolve the matter with the HO

I want to build an additional garage exceeding the 3 car limit. Two other 4 car garages have been built in our subdivision.

Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

Much more information is needed to answer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: If my husband wants me to move out and I am not on the lease, does he have any legal recourse to kick me out?

We live in Mohave county AZ and I have utilities for the rental in my name.

Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

Talk to family or divorce lawyer about this.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: In Ga are you allowed to give 1% of your commission back to the client and put it on the HUD statement
Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

Better to ask this under Georgia, not Arizona.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: I made an offer on a house in Gilbert and the Seller accepted. During the inspection period, property line....

irregularities were discovered. I cancelled the offer. The seller's agent texted my agent stating they want to work through the irregularities. I submitted the inspection report and listed corrections to be made. The seller relisted the property as available but did not instruct the title... View More

Adam Studnicki
Adam Studnicki
answered on Nov 8, 2015

Depends on the paperwork signed and exchanged. A real estate lawyer can review the documents and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: Can I write a judge, after he has ruled, just to tell him the long term consequences of his ruling. Is this legal?

In our case, we had a ruling by a judge in Arizona, go against us in an HOA dispute. In our case, the judge, made a decision based only on a pre trial conference by attorneys and the attorneys cases sent to him. He did not allow a trial to take place, which we feel was wrong and basically... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 28, 2015

Unless you send copies to all parties (or their attorneys), the judge is ethically prohibited from looking at it.

It would be better if you were to send a letter to the editor of your local newspaper. Or, if the judge is required in your jurisdiction to stand for re-election, donate to his...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: Have summary judgment due to my failure to respond not served properly any options? motion to vacate?

details - complaint served on 1/18/13 claimed water damage to unit below mine, suit again myself/husband and hoa. 11/14/13 hoa settled and stipulation for dismissal filed, 11/14/13 request for default against myself husband filed 11/20/13 order from court no action default judgments are handled by... View More

Adam Studnicki
Adam Studnicki
answered on Oct 11, 2015

For detailed litigation questions, talk to a local lawyer. This site is for general questions, not specific legal advice.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: My mortgage loan officer is telling me my loan docs and title need to match. The loan needs to be in my name, but I

want to title the investment property under my LLC. How do I do this?

Adam Studnicki
Adam Studnicki
answered on Oct 11, 2015

Check with the lender. You want to make sure there's no restrictions or penalties (such as a 'due on sale' clause) if you transfer the property to an LLC. Also, check with a CPA about whether there are tax consequences.

Please Take Notice: I am not your lawyer unless we enter...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: brother n I hold title to a house - joint tenancy, right of sur. I want out. Can I file an Action for Partition?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 6, 2015

The best thing to do is to go see a local real estate attorney, there might be another way to accomplish this in your jurisdiction.

1 Answer | Asked in Real Estate Law for Arizona on
Q: Appraisals done 60 days apart - 1st @ $3,400 per acre VS. 2nd - @ $25,000 per acre?? What is going on??

I am writing to you in hopes you can help me. I am currently in the final stages of a court settlement, and to determine the settlement amount I hired an appraiser to determine the value of our farm land in Buckeye, AZ. The 1st appraisal was done 7/10/15, and it concluded a value of $3,400. per... View More

Adam Studnicki
Adam Studnicki
answered on Oct 3, 2015

More information is needed to assess such a fact-specific situation. A real estate lawyer can review the situation and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: 3 people are on deed, 1 has possesion of property,has lived in it since purchassed.wiring is bad who pays?

1 who lives in it does so with no payment to others at all,other 2 don't even have keys, wiring is aluminum and faulty to where people are being shocked.1 who lives in it is demanding other 2 pay to get it rewired. Who pays? This is in Arizona.

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 21, 2015

The owners pay for repairs.

1 Answer | Asked in Real Estate Law for Arizona on
Q: what is the best way to deed property to my children.

The land I would be giving them is bare ground.

Adam Studnicki
Adam Studnicki
answered on Sep 17, 2015

Depending on your goals, you may want to talk to an estate planning lawyer and/or a cpa.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: Our home that we purchased this past June was built in 1980. We were not informed that the water pipes were not buried

Deep enough into the ground and during the summer we have no cold water. Taking a shower using only hot water is extremely unpleasant. Is there any recourse to have the seller become responsible for fixing this or for not disclosing the fact that in the summer months in Lake Havasu we will not... View More

Adam Studnicki
Adam Studnicki
answered on Aug 26, 2015

You can ask a local real estate lawyer to review the paperwork that was signed and advise you of your rights and options.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: I was high bid of 4. The elderly seller chose a lower bid from the listing agent's own client. Do I have any recourse?
Adam Studnicki
Adam Studnicki
answered on Aug 24, 2015

More information is needed to answer. It may be possible the agent unethically violated his/her fiduciary duty to the client by convincing them to accept a bid that results in more commission to the agent, but that doesn't necessarily mean you'd have a legal claim.

Please Take...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: Can an HOA charge a demand fee on the 31st day the dues are past due? A late fee was already imposed 14 days earlier.

Also are late fees and demand fees enforceable? Is there a time limit or any type of notification that must be given to the homeowner before assessing a demand fee? The demand fee is NOT listed in the CC&R's.

Adam Studnicki
Adam Studnicki
answered on Aug 17, 2015

A real estate lawyer can review the applicable documents and advise. Be well.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work...
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