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Arizona Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Arizona on
Q: Is there a minimum percentage that must be paid to smomeone if they sell their intrest in a property?

I own 1/3 of a property. 1 party wants to be baught out and paid montly.

Adam Studnicki
Adam Studnicki
answered on Aug 5, 2015

The price and terms can be negotiated. If the parties can't agree, an option may be to file a lawsuit for partition. Check with a real estate lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: Is seller responsible for roof repair after closing, due to a condition seller was unaware of?

On counter-offer, seller agreed to spot coat some areas of the roof after Inspection declared them needed. Seller did so but did not hire a professional roofer. Buyer agreed to counter-offer, and 2 months after occupancy had a leak. Buyer wants seller to pay.

Adam Studnicki
Adam Studnicki
answered on Aug 5, 2015

Hiring an unlicensed contractor can lead to problems. Check with a local real estate lawyer about your specific situation, 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...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: we built our own well. How get released from ownership/liability to sell home?

Title paperwork says we can be released from the shared well agreement if we build our own well. We did. What kind of form do we need to do to relinquish any rights/liabilities, etc. from the well? Our home is under contract but this has to be taken care of first. Title co. says can't help.

Adam Studnicki
Adam Studnicki
answered on Aug 1, 2015

Talk to a real estate lawyer, who can review the terms of the agreement and advise.

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...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: I believe that the house I'm renting is being foreclosed on. What do I do?

My landlord hasn't responded to multiple outreach attempts. Rent is due soon. What do I do?

Adam Studnicki
Adam Studnicki
answered on Aug 1, 2015

Talk to a real estate lawyer asap to protect your interests.

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 for your specific...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: I listed my mobile home in Tucson with the mobile home park in April. They never actually listed it. Is this a breech of

contract on their part? Do I have any recourse? They have a history of doing this, then seizing the homes if you quit paying lot rent.

Adam Studnicki
Adam Studnicki
answered on Jul 25, 2015

Could be. Check the terms of the written contract and talk to a local breach of contract lawyer. If they have a history, consider a report to the Attorney General's office.

1 Answer | Asked in Real Estate Law for Arizona on
Q: I bougth a timeshare 2 days ago (sunday) it's any way that I could cancel the purchased?
Adam Studnicki
Adam Studnicki
answered on Jul 19, 2015

Only seeing this question now. Certainly not now, unless the contract provides otherwise.

1 Answer | Asked in Real Estate Law for Arizona on
Q: Can I sue my brother for ignoring my requests to sell our house?

My mother left the house to my brother and I. The deed has been changed to both our names and inheritance taxes paid. The issue is that the house is in Philadelphia, Pa., I live in Southern AZ. My brother has lived there for 4 years, rent free. He refuses to answer any calls or correspondence.... View More

Adam Studnicki
Adam Studnicki
answered on Jul 8, 2015

You should talk to a real estate litigation lawyer in PA. You may have to file a lawsuit there.

1 Answer | Asked in Real Estate Law for Arizona on
Q: What is AZ 50/50 land partnership law? Is the law absolute or can partners make their own agreement?

partner decides to sell, the other partner has to agree to the sale or agrees to accept a new partner. Otherwise, I cannot sell.

What is Arizona law regarding right to sell? Is there only one choice or can partners decide on the terms of possible termination of partnership?

Adam Studnicki
Adam Studnicki
answered on Jul 2, 2015

Generally speaking, this would be covered in the partnership contract (or entity documents) between the parties. Depending on their agreement, if the parties cannot agree, a lawsuit may be necessary to resolve the situation.

1 Answer | Asked in Real Estate Law for Arizona on
Q: Under Arizona commercial real estate law.

If I am renting space from an commercial management company and I am unhappy with the performance of their janitorial company, can I opt out of using their company and hire my own. If so, am I legally entitled to a reasonable compensation on my monthly lease for not using their janitorial provider?

Adam Studnicki
Adam Studnicki
answered on Jun 22, 2015

The first place to look in answering this question is to review your lease documents. If the lease is well drafted, the answer should be there.

1 Answer | Asked in Real Estate Law for Arizona on
Q: I think a home in our neighborhood in Arizona has been sold questionably. The home was foreclosed on a few years ago.

It was then sold at auction to James Nutter Company and then transferred to Fannie Mae, so the recordings in July 2013 referred. It was then put up for sale thru Coldwell Banker and the potential buyers could not obtain Title Insurance so then the home sat for a few more years. I did call the... View More

Adam Studnicki
Adam Studnicki
answered on Jun 7, 2015

That is up to you.

1 Answer | Asked in Real Estate Law for Arizona on
Q: Is the window to a condo responsibility of the home owner or the HOA if it is leaking due to exterior water damage?
Adam Studnicki
Adam Studnicki
answered on Jun 7, 2015

I'd start by reading the homeowner's association documents to see who is responsible for what.

1 Answer | Asked in Real Estate Law for Arizona on
Q: buyers agent made money demands on binsr that we already signed now they want it changed. is this legal?

home inspector erroneously stated air conditioner defective. 2 hvac professionals have given us written documentation air conditioner is in good condition. buyer put on binsr they want $5,000 credit to "repair or replace air conditioner because it will cost them $8,300 to upgrade it) or they... View More

Adam Studnicki
Adam Studnicki
answered on Jun 6, 2015

You can always do a new contract, making clear is supersedes all previous contracts and documents (including the old binsr).

1 Answer | Asked in Real Estate Law for Arizona on
Q: A designated broker for a very large company in Phoenix told us not to get a lawyer

A property manager working under his supervision rented our house without doing any credit reports, background check and applications, the only document she wrote was a contract with the wrong amounts and never collected rents or deposits. Her designated broker told us not to contact a lawyer and... View More

Adam Studnicki
Adam Studnicki
answered on Jun 3, 2015

He is trying to protect his interests. If he is with a very large company, you can be sure he is getting advice from a lawyer. The fact he told you not to see a lawyer suggests he will very likely offer an unreasonably low settlement amount.

He may not have reported it, but you can....
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1 Answer | Asked in Real Estate Law for Arizona on
Q: Closing will take place 24 hours after Escrow office has delivered a commitment of Title Insurance to Buyer Valid

A seller wants to close within 24 hours after the Title company completes their Title search and provides a commitment to title. However, Seller doesn't want to put a contract date on contract. He is of the assumption that if you put a date, the title company will take their time. This is a... View More

Adam Studnicki
Adam Studnicki
answered on May 30, 2015

The entire agreement should be reviewed to determine this. Be well.

1 Answer | Asked in Real Estate Law for Arizona on
Q: We signed a new house contract,put down $20K earnes. The builder did not have a church listed in the ccnr' can we cancel
Adam Studnicki
Adam Studnicki
answered on May 29, 2015

Hard to say without reading the contract. Be well.

1 Answer | Asked in Real Estate Law for Arizona on
Q: Can seller accept an offer when he has an offer already, but no escrow has been opened with offer #1?

wholesale transaction. NOT an AAR contract.

Seller has a signed contract. Escrow is NOT opened. Another offer comes in. Seller tells offer #1 that he go another/better offer he is accepting. Buyer #2 opens escrow.

Seller #1 is not happy. Do they have any legal standings? I'd... View More

Adam Studnicki
Adam Studnicki
answered on May 29, 2015

Hard to say whether the seller breached the first contract without reviewing it. Be well.

1 Answer | Asked in Real Estate Law for Arizona on
Q: We sold a home in 2013 and made a profit of $20,000. We got a bill from the IRS stating the Real Estate/Title company f

filed a 1099s form stating our profit is the entire sale amount of the property, $350,000. What should we do?

Adam Studnicki
Adam Studnicki
answered on May 29, 2015

Talk to a good CPA. They should be able to assist. Be well.

1 Answer | Asked in Real Estate Law for Arizona on
Q: What obligation do I have with a Property Management Firm when:

I found the tenant for my Rental when I started with a Property Management Firm in Kingman AZ. The Tenant fulfilled the One Year Lease and has been in my Home paying Month-to Month for three years beyond the original Lease. I want to Sell my Rental House and the tenant wants to buy it. Do I HAVE TO... View More

Adam Studnicki
Adam Studnicki
answered on May 29, 2015

Check the agreement you have with the Property Management Firm.

1 Answer | Asked in Real Estate Law for Arizona on
Q: What does AAC R4-28 502 pertain to? A seller sent this to me in an email."just exercising our rights" I am the agent.

Seller sent this email to me , I am the listing agent. It is under contract. COE June 15th All contingencies have been removed

Adam Studnicki
Adam Studnicki
answered on May 29, 2015

Here's a link to the administrative code containing that section: http://apps.azsos.gov/public_services/Title_04/4-28.pdf

1 Answer | Asked in Real Estate Law for Arizona on
Q: Is there a certain time period that you are required to build on a lot after purchasing the land or lot?

We are thinking about moving to AZ to retire and would like to purchase the property now and build something in a few years.

Adam Studnicki
Adam Studnicki
answered on May 29, 2015

There shouldn't be unless you agree to it or unless it's in the CC&Rs or other documents affecting the property. Plenty of people own vacant land. Check with a real estate lawyer about the specific property you are interested in.

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