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They never provided us with a disclosure form, or any approvals from the inspection.
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... View More 
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.
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... View More
Do I have to continue living in the house until the divorce is final? Will the Judge see it as abandoning?
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... View More
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... View More
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... View More
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... View More
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.
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.
Lived next door just moved in asked to leave but still there now demanding electric services
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... View More
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... View More
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?
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.... View More
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.
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... View More
We dont want to go through an agent. Just wanna refinance their current mortgage to have our names on it.
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... View More
She does not own the home, deed is in her deceased fathers name. She will not talk to us when we asked to discuss extending wall down our driveway, she built a retaining wall that goes 5 feet into our property a while ago
answered on Apr 25, 2019
I recommend that you discuss this matter with a real estate attorney. If your neighbor is making a claim to a portion of your lot you must take prompt legal action to reclaim your land before too much time goes by. If you do not, it is probable that your neighbor will become the owner of the... View More
in az, two cousins each inherited from their parents seperate trusts for half interest in a family owned apartment building, owned free and clear, and fully occupied at all times. One was the manager and lived in the house of the other, adjacent, built by his parents, but not included with the... View More
answered on Apr 22, 2019
This is theoretically possible but the matter would need to be carefully researched. Much can happen in 15 years and you need to know as much as possible about this trust, its assets and their administration. I recommend hiring a probate attorney to assist you in determining the facts and to... View More
I would like to ask the Seller to pay a portion of my closing costs and possibly reduce the purchase price a thousand dollars. The Seller accepted an offer for full asking price, plus I opted to pay my own closing costs, without any negotiating. Closing is estimated to be $4700. The lender has... View More
answered on Apr 15, 2019
As your mother or grandmother probably told you when you were a child, "You cannot have your cake and eat it too."
Under the facts you stated, unless the written buy/sale contract says otherwise, IMPO you have sufficient grounds to cancel the contract based upon the material... View More
there are no HOA or relative fees owed by the owner of the house mortgage is paid taxes are paid etc yet some lawer from Scottsdale is chasing after a fee in which the homeowner never hired to begin with and ended up getting a judge to sign something so the house was sold under sheriff auction and... View More
answered on Mar 20, 2019
Your question cannot be answered until a real estate attorney reviews all of the documents and facts to learn exactly what happened. I recommend that you immediately consult with a real estate attorney and have this investigated so that you will know your legal rights and options. This is time... View More
The financing fell through now the seller wants the earnest money, does he have a right to it?
answered on Feb 27, 2019
Your rights and the sellers' rights are governed by your contract. If you are using the standard form contract commonly used in Maricopa County there is a financing contingency that, in most cases, allows the return of your earnest money where you cannot get financing. But there are many... View More
Is a landlord required to inform me that my rent is late at the time it is received? I obviously would have altered the way I was paying if I knew it was arriving late and that I would be accruing $650 in late fees... I paid in money orders, so there’s no way for me to confirm when it was... View More
answered on Feb 25, 2019
You may have grounds to fight this. So long as your lease does not provide otherwise, you might have an argument that your landlord waived his late fees by continuing to accept your rent without objection and without posting the late fees to your account as they accrued. This is a small dollar... View More
Weeks before we get married. What is the best way to take Title in order to protect myself if we were to get divorced in the future?
answered on Feb 7, 2019
To protect yourself in the event of a divorce, it would be good to take title in your name alone as an unmarried man and then follow up with a well drafted ante-nuptial agreement that is negotiated and signed before your marriage takes place. I recommend consulting with an attorney prior to your... View More
answered on Jan 15, 2019
You can ask a guest to leave at any time. If the guest refuses, you can have law enforcement assist. This can become complicated if the guest has lived with you for a lengthy period of time or has assisted you with living expenses. Then the "guest" may claim to be a tenant and you may... View More
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