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Arizona Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Arizona on
Q: My husband and I are separated, not legally. Can I buy a house in Georgia without him having to be involved?

I do not want to have his bills considered nor credit. I want it in my name alone.

Peter H. Westby
Peter H. Westby answered on Nov 14, 2019

Under Arizona law every asset purchased during marriage is presumed to be community property. To protect your investment your husband should disclaim his interest. I recommend working with an Arizona family law lawyer to assist you with this transaction so that your goals can be accomplished and... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: I own a home with a boyfriend 1/2 and 1/2. We have broken up. Can I force him to sell so I can get my equity?
Peter H. Westby
Peter H. Westby answered on Nov 4, 2019

Yes, if necessary you can file an action for the partition and sale of this real property. The court will appoint a special commissioner ( a real estate agent ) to market and sell the property and the court will decide how the sales proceeds are to be divided if this becomes an issue.

1 Answer | Asked in Real Estate Law for Arizona on
Q: i recently erected a us flag on my property and received a notice I was not in compliance with the HOA.

I was unaware that I need the HOA's consent to do so. I am in non compliance because my flag pole is not one of the specified colors in the HOA guide....Black-Bronze-or dark gray. My pole is brushed aluminum. My home is white and the colors required by the HOA do not permit the pole to blend in... Read more »

Peter H. Westby
Peter H. Westby answered on Nov 2, 2019

In most cases, you can appeal a non-compliance notice. Check your CC&R's for the procedure to do this. I recommend communicating promptly and attempting to work out a settlement. If this matter is not resolved, it is possible that you will be fined or sued by your HOA. Your CC&Rs as well as the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Arizona on
Q: I moved in with my BF 4 yrs ago. His mom owned the house and didn't charge rent. She died and his step

His stepdad has Alzheimer's. He moved out and wants me to pay him rent. He sleeps here more than not. Can he evict me? In AZ

Peter H. Westby
Peter H. Westby answered on Oct 30, 2019

If your BF has inherited the home and is the owner or if he is the court appointed personal representative of his late mother's estate, he can evict you.

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Does a home buyer have any recourse to get payment for repairs not properly completed by the seller before the sale?

AZ home sale: Defect items in the parapet stucco contractually agreed to be repaired were not properly repaired before the sale. Now, the improper repair is being discovered. Does the new homeowner have any recourse?

Vincent Gallo
Vincent Gallo answered on Oct 19, 2019

Without a written survival agreement, your only option was to have not closed until all the repairs were properly completed to your satisfaction.

1 Answer | Asked in Real Estate Law and Tax Law for Arizona on
Q: Property Taxes ??

My sister and I own 5 acres of farmland in McFarland, CA. we inherited from my Father’s estate in 2009 he passed away in 2007. I live in Tucson, AZ. I’ve been paying the property tax for 12 years and my sister who lives in CA. just ignores all of my attempts for her to pay her share. I once... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 10, 2019

Sue for partition or liquidate.

1 Answer | Asked in Real Estate Law for Arizona on
Q: I am 1/3 owner of a home. Am I entitled to receive the $ back I put into it when ending partnership?
Peter H. Westby
Peter H. Westby answered on Sep 17, 2019

Maybe. It depends upon the terms of your partnership agreement. It is also possible that you are entitled only to 1/3 of the equity value of the home or nothing at all until the house sells at some future time. I recommend that you consult an attorney concerning your legal rights. This can be... Read more »

1 Answer | Asked in Business Law, Contracts, Real Estate Law and Securities Law for Arizona on
Q: I am seeking a R E attorney close to the Mesa area for a long term relationship, who can help me with creative deals.

I also require advise with private loans.

Looking for references. Please!

Tim Akpinar
Tim Akpinar answered on Sep 14, 2019

This isn't a referral service; it's just a question and answer board. If you want to find an attorney, you could contact those on this site under the Find-a-Lawyer tab above, conduct your independent searches, or try the State Bar of Arizona. Good luck

Tim Akpinar

1 Answer | Asked in Criminal Law, Federal Crimes and Real Estate Law for Arizona on
Q: I am a surety for a property bond for my brother in a criminal case in federal court. I need help with a Bond Forfeiture

My brother has been sentenced and is serving his time currently. He was released on bail in 3/2019 and had no issues until a dirty drug test. He was required to appear before the judge and surrender earlier then his original surrender date in his sentencing. The court then exonerated the bond. The... Read more »

Gary Kollin
Gary Kollin answered on Sep 12, 2019

You need to retain a lawyer in the federal district where the forfeiture occurred

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Can the HOA force me to change the color of my garage door after 14 yrs, said was painted wrong when built?

Bought home 5 years ago, HOA inspection report made no mention of any violation or out of compliance issues regarding house color. CCR say I only need approval to change house color, yet they want me to change the garage door color. I say after 14 years, the current color I have is what I'm keeping... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 12, 2019

You are going to lose this fight.

1 Answer | Asked in Foreclosure and Real Estate Law for Arizona on
Q: I am concerned that I am signing a lease agreement on a house that is going to go into foreclosure .

I’ve been offered a lease agreement at a very low rate considering the property. It does have cosmetic issues, and is in need of quite a few repairs, but overall in decent shape.

I’ve verified that the person that I am dealing with is in fact the owner of the home already, so I do not... Read more »

Peter H. Westby
Peter H. Westby answered on Sep 11, 2019

You have rights under the Protecting Tenants at Foreclosure Act. In the event the house you are renting is foreclosed upon, you have a right to a minimum of 90 days notice before your lease can be terminated. And if the buyer is a business or other entity that has no plans to use the home as a... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: Moving out of a rental to another rental. Do I have to pay rent for that day to both property owners?

I am moving out of one rental on the 18th of the month in the morning. I will be out by noon. I will be moving into another rental and have already paid rent for that day to the new rental owner. Do I still have to pay the rent for that day to the owner of the place where I am moving from?

Peter H. Westby
Peter H. Westby answered on Sep 7, 2019

You have two rental agreements. One with the old landlord and one with the new. You must honor both. If your first rental agreement requires you to pay rent on the day you move, you should pay the rent agreed upon. If you do not, your landlord has the right to withhold unpaid rent from your... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: Should I be given an addendum to sign for new owners since my lease is not yet up?

The new owner of the house I rent has not given me any legal documents showing they are my landlords. They’re charging me administrative fees the previous property management company had in their lease addendum, even though they’re not a company. Otherwise, my original lease was from two... Read more »

Peter H. Westby
Peter H. Westby answered on Aug 7, 2019

A new owner of a home takes it subject to any valid existing leases. Your lease remains valid for the remainder of its term. An addendum to the lease is not legally necessary. However, the new landlord should comply with Arizona law and give notice as to who the new property manager is and how... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Can I the seller cancel my listing agreement with the real estate agent on my home if I decide I no longer want to sell

Are there any costs that I would be liable for the property has a sign on it and has been listed on the MLS

Peter H. Westby
Peter H. Westby answered on Jul 22, 2019

A listing agreement can be cancelled in most cases, but there can be costs and penalties associated with cancellation. For example, you may be asked to reimburse your agent for his marketing costs. Or, if you decide to sell at a later date, it is possible that your agent may make a claim against... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: My question is in regards to property and a house my mother and father owned but both are deceased now.

My question is in regards to property and a house my mother and father owned but both are deceased now.

A sibling is living there now and wants to sell the property. Can she sell the property if it is not under her name? If there is a will what rights do I have to claim a portion of the... Read more »

Peter H. Westby
Peter H. Westby answered on Jul 18, 2019

Your sibling cannot sell this property unless she has a legal right to do so. This usually means that she must be the property owner or the court appointed personal representative for a deceased owner. Since both parents are now deceased, your rights will be determined by the provisions of their... Read more »

1 Answer | Asked in Real Estate Law and Construction Law for Arizona on
Q: Is it legal for a real estate agent to sell a home without instillation? We do not have us with a disclosure form.

They never provided us with a disclosure form, or any approvals from the inspection.

Peter H. Westby
Peter H. Westby 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... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Arizona on
Q: Can an arizona landlord terminate a lease for renovation purposes?
Peter H. Westby
Peter H. Westby 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.

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: I have a 5 Day Eviction Notice fee of $100. Do I have to pay the fee if I just pay the required amount for the lease?
Bruce Alexander Minnick
Bruce Alexander Minnick 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... Read more »

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Arizona on
Q: If I leave the house with my kids will it cost me in the divorce?

Do I have to continue living in the house until the divorce is final? Will the Judge see it as abandoning?

Mike Branum
Mike Branum 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... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: I submitted for a refund of an admin fee from a property manager May 14th. Well past the 14 days allowed. What can I do?

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... Read more »

Peter H. Westby
Peter H. Westby 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... Read more »

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