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Arizona Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Arizona on
Q: If I brought a house and the seller didn't say the additions didn't have permits can I sue the seller?

I brought a house and tried to sell it later. An offer over asking price was made but once the inspection got done I learned the additions where not permitted and I had to bring the price down 25k. I was never told that the additions wasn't permitted by the seller or the person I had do my... View More

T. Augustus Claus
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answered on Dec 8, 2023

In Arizona, if a seller fails to disclose unpermitted additions to a house, you may have legal recourse. This could include claims such as breach of contract, fraud, or misrepresentation, as sellers are obligated to disclose significant property issues.

Understanding key factors is...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: My husband and I signed a Quit Claim Deed, can the person receiving it, change the name on Title?

When there is a mortgage, with our names on the Title? If so, is Lender required to notify us?

Anthony M. Avery
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answered on Feb 12, 2025

It sounds like your deed conveyance was effective in changing the title to the property. But your mortgage/deed of trust probably has a due on sale clause. So foreclosure may be imminent, which will probably be a notice from the lender.

2 Answers | Asked in Real Estate Law for Arizona on
Q: Am I responsible for penalty fees from my AZ HOA if the Property Mgr. mails the penalty info to the wrong mail address?

Unbeknownst to me, the property management company for my HOA has been sending official HOA mail to an address at which I lived (rented) when I purchased the condo. I have lived in this condo continuously for 13 years and have used this condo address as my mailing address ever since the day that I... View More

Peter H. Westby
Peter H. Westby
answered on Feb 10, 2025

Based upon the information you disclosed, my opinion is that you owe the fines. In most cases, keeping. your address current is your responsibility. Check your CC&Rs and/or Rules and Regulations. These documents may speak to these issues.

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1 Answer | Asked in Real Estate Law for Arizona on
Q: My husband and I have a mortgage on a house we bought, my mother and father were co-signers on the mortgage.

My father passed away in 2023. My brothers got my mother to force us into signing a Quit Claim Deed. My questions are. 1. Can she Will the deed to them? 2. Will the Quit Claim Deed become nullified when she passes away?

Anthony M. Avery
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answered on Jan 31, 2025

Hire an AZ attorney to search the title. But it sounds like you have already conveyed away your interest in the property. If Mother owns it at death, then she can make a devise in her Will.

1 Answer | Asked in Real Estate Law for Arizona on
Q: I'm attempting to look up my property owner which is a LLC. There doesn't seem to be any consistent information.

Where can I find legit information for this LLC and if there isn't any what does that mean? It seems like there's sketchy stuff going on and I'm worried about my money going to this entity.

Anthony M. Avery
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answered on Nov 20, 2024

You might check with secretary of state of whatever state the llc originated in. A good llc will not disclose much information. Check out llc's deed and any llc mortgage/deed of trust at Courthouse. They should have some signatures.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: 33-324 ARTLA..What does this mean in easier terms?
Peter H. Westby
Peter H. Westby
answered on Nov 18, 2024

This appears to refer to ARS 33-324 which provides that, when a tenant enters into possession under a lease, the tenant cannot, while in possession, deny the title of his landlord. I hope this helps.

1 Answer | Asked in Real Estate Law and Tax Law for Arizona on
Q: Deceased person has a vehicle that’s in their name and two other peoples name. Is that part of the estate property.
James L. Arrasmith
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answered on Oct 4, 2024

When a vehicle is registered in the name of a deceased person along with others, how the ownership is structured plays a crucial role. If the vehicle is held as joint owners with the right of survivorship, the ownership typically transfers directly to the surviving owners. In this case, the... View More

1 Answer | Asked in Real Estate Law for Arizona on
Q: 1031 exchange vacant land for residential property.

im the seller in this 1031 exchange in arizona. now they got a warranty deed and i got nothing but a modified note stating new loan amount conditions and it states we GAVE said acre back to seller. no new deed for us has been recorded. only deeds the title company sold after we bartered traded said... View More

Anthony M. Avery
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answered on Sep 1, 2024

Hire a competent AZ attorney to file suit for Specific Performance, Breach of Contract, etc.

1 Answer | Asked in Bankruptcy and Real Estate Law for Arizona on
Q: Would partial ownership of property in New York be an asset in a Arizona bankruptcy proceeding?
James L. Arrasmith
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answered on Aug 23, 2024

If you file for bankruptcy in Arizona, you must list all of your assets, regardless of their location. This includes any partial ownership of property in New York. The bankruptcy court will review all of your assets to determine how they can be used to repay your debts.

Depending on the...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: I bought a house and put my ex girlfriends name on it. We broke up, how can I make her move so we can sell the house?

We never married.

Tim Akpinar
Tim Akpinar
answered on Aug 13, 2024

An Arizona attorney could advise best, but your question remains open for over a week. You need to consult with a real estate attorney on this. They would have more insight into this type of matter than a general arbitration/mediation attorney (your chosen category). Not all questions here are... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Contracts for Arizona on
Q: I gave Jamison wells $40,000.00 for land . I moved here and now he wont parcel out the property for me. what do I do

I have signed receipts with witness signatures as well as text messages that he says I paid him for the property. I also have texts where he threatened my property so I got an injunction of harassment against him. As well as him threatening to kick me off of his property. without that parcel... View More

Anthony M. Avery
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answered on Jul 1, 2024

Why did you not get a Deed? Now you will have to sue seller for specific performance, and you must have perfect proof that you paid the agreed consideration. But why did you get an injunction without suing for the land? Hire an AZ attorney.

1 Answer | Asked in Real Estate Law for Arizona on
Q: I have possession of the property of which I have had for the last 5 years and solely paid,i need to sell do i need

Permission from the co owner he has been in prison

Anthony M. Avery
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answered on May 7, 2024

All titled owners will need to convey. If the other does not agree, and he can convey from prison, then you might consider hiring an attorney to prosecute a Sale For Partition.

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Is it lawful for apartment to refuse payment if less than amount owed?
Tim Akpinar
Tim Akpinar
answered on May 1, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. You could try reposting and adding "Landlord/Tenant" as a category. Some questions here ultimately go unanswered, but the new heading could improve chances for a response. Good luck

1 Answer | Asked in Identity Theft and Real Estate Law for Arizona on
Q: I have a parcel of land, in which I was the owner, seller, and lender, they forged my signature and stolden my land.

All this was done while I was in the hospital with several major surgeries, without my permission or KNOWLEDGE

Anthony M. Avery
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answered on Mar 12, 2024

Hire an attorney now to search the title and draft an action for quiet title, reform deed, ejectment, etc. You cannot do this yourself and will lose the land.

1 Answer | Asked in Real Estate Law for Arizona on
Q: I have recently signed an agreement to sell m property and have now decided not sell due to unforseen circumstances,,,

can i as the seller opt out within 72 hours of signing and having told them i needed to do this is it possible to opt out?

even though my agreement states that the buyer has the option of opting out,,, but does not state that the seller has that same option?

Anthony M. Avery
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answered on Mar 5, 2024

Consult with an AZ attorney to read your contract and give you his estimation of the possibilities of suit for specific performance. If you were given earnest money, that might be forfeited only. Agent commissions are often the main liability.

1 Answer | Asked in Real Estate Law and Civil Litigation for Arizona on
Q: my wife is selling our house to her brother. She plans on taking all proceeds. I'll be left outside with bag and tears

my wife and I purchased the home in El Mirage, AZ on 4/2018. mortgage was put in her name because at the time, the mortgage banker said my credit was ' not quite ' where it needed to be. He said, you can refi in a few years, at that time you can be added.. " ...

my wife and I... View More

Anthony M. Avery
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answered on Feb 26, 2024

Hire an AZ attorney to file for divorce now, prior to the transfer which should be enjoined. Claim the house is marital property. Hopefully you have grounds.

1 Answer | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Arizona on
Q: My brother's girlfriend physically produced a quitclaim signature two days before his passing in a hospice facility.

She payed $1,000 to have a notary present and legalize the quitclaim of his house, everything in it and a wishlist of his financial accounts to be used to support her. This was witnessed by my living brother and sister. When they asked what the signatures where for, she said they were just papers... View More

Andre L. Pennington
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Andre L. Pennington
answered on Dec 17, 2023

Among other considerations, your brother had to knowingly know what he was doing without undue influence. It sounds like there may be issues with this transfer. You may want to consult with an experienced probate litigation attorney.

1 Answer | Asked in Real Estate Law and Identity Theft for Arizona on
Q: I'm being evicted after a false deed was recorded by someone I don't know.

I was told I'm gonna be evicted in two days because. Someone filed a false deed at the recorders office. for my properly. Do I have to get out?and just walk away from my home I have 2 kids and 7 animals I can't just leave my home I don't know what to do

Anthony M. Avery
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answered on Nov 27, 2023

Hire an AZ attorney immediately to search the title and file an Ejectment and Quiet Title Action. If the thief sues for possession, you must defend your title in Court.

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Arizona on
Q: Quiet title.

My wife is one of four sisters on a family trust. We bought property from her parents through the trust. We paid on it for 5years. I started college in 2008. Her parents had us over for dinner and told us they didn't want us to make anymore payments while I was in college. Then 3years later... View More

Anthony M. Avery
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answered on Oct 11, 2023

Partition Sale is probably the only remedy here. Asking for contribution will most likely be denied.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Workers' Compensation for Arizona on
Q: I have some really insane thoughts right now due to to my only moderately maintained BP disorder. I would love to discus

I currently want to fight the entire tech industry because my rights to my privacy and my data and my sovereignty is being impeached every day and I have receipts and I'm ready to stand up in front of a judge and preach my case. I'd love to write it out to you.

Joel Friedman
Joel Friedman
answered on Oct 5, 2023

This question came into the workers' compensation category. It does not appear to related to a work injury and you should limit your inquiry to employment law.

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