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Arizona Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Arizona on
Q: HOA Directors and Management company's mismanagement is causing huge special assessment fees and loss in equity of home.

I own a single family residence in Mesa and the community association is in financial crisis. After speaking to the management company, who advised me to sell quickly, I found out that we are looking at first a very large special assessment, and then even then still there's a strong... View More

Peter H. Westby
Peter H. Westby
answered on Jan 24, 2024

You and the other homeowners may have a case against the board of directors for their mismanagement and breach of duty. From the information you disclosed, this should be considered. The directors may have purchased a policy of errors and omissions insurance coverage. If so, a claim could be... View More

1 Answer | Asked in Real Estate Law and Civil Rights for Arizona on
Q: Can a homeowner in an HOA contact the insurance carrier of D & O policies ? The homeowner is payor of the premium

Assessments pay insurance premiums, so can they legally contact the insurer?

James L. Arrasmith
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answered on Jan 21, 2024

Yes, as a homeowner in an HOA who pays the premiums for the Directors and Officers (D & O) insurance policies, you typically have the right to contact the insurance carrier. Since you are the payor of the premium, you have an insurable interest in the policy, and it's within your rights to... View More

1 Answer | Asked in Real Estate Law for Arizona on
Q: We purchased our home 2 years ago as is. Now the house is falling apart and we want them to pay for all damages.

My husband and I purchased our home almost 2 years ago. We have recently found out that they did not disclose everything truthfully. They stated that all piping was replaced, we found out a few months ago that there is a cast iron pipe running from the guest bath almost through the entirety of the... View More

Peter H. Westby
Peter H. Westby
answered on Jan 12, 2024

It appears that you have a non-disclosure claim against your seller and, possibly, against your seller's agent. Both have a duty to disclose. I recommend that you have your home inspected carefully by a licensed contractor. If your seller failed to disclose the items you mentioned, the... View More

1 Answer | Asked in Real Estate Law for Arizona on
Q: We have a HOA we service back in September and they are finding every excuse to not pay us can we file a mechanics lien?

I would like to know if the mechanics lien will be the right step to get paid for a job we have done(note: it was a 5ft firebreak clear of weeds, shrubs, tree)? Can someone please advise

James L. Arrasmith
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answered on Dec 27, 2023

In Arizona, filing a mechanic's lien can be an effective way to secure payment for services rendered, especially in cases where your client, such as an HOA, is not fulfilling their payment obligations. However, it's important to understand the specific legal requirements and procedures... View More

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 Contracts, Real Estate Law and Construction Law for Arizona on
Q: What recourse do I have with sub-contractors who require a deposit but do not perform in a timely manner?

I am building a single family residence. Currently I have an engineer who took a deposit but is not performing, or responding. Small claims court the only choice? What about other contractors down the road? Maybe need a contract to cover myself.

Peter H. Westby
Peter H. Westby
answered on Oct 3, 2023

This is a complicated matter. There are many things you need to do to protect yourself. Using a good contract with the general contractor is a first step. If you are acting as the general contractor, having good contracts with the contractors you hire is important. As for the engineer you... View More

2 Answers | Asked in Criminal Law, Family Law, Real Estate Law and Child Custody for Arizona on
Q: I found a bag that has remnants of what could be crystal meth in my bathroom trash, its my kid's dad. What can I do?

We live in AZ. He lies a lot. We have a mortgage together. What can I do legally to find out and if it is, get him out of home and away from kids?

Stephen M Vincent
Stephen M Vincent
answered on Oct 2, 2023

You probably need to get it tested. Then once you find out it is meth, you need to ask him to submit to a drug test. If it's positive, you could use that as a reason to get temporary emergency custody (i.e., legal decision-making and parenting time) over the children.

If you're...
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3 Answers | Asked in Real Estate Law for Arizona on
Q: i need help with adverse possession laws

adverse possession is civil matter not criminal? i did an adverse possession and the owner came back after it being abandoned for 5 years and put criminal trespass charges he also filed false landlord tenant eviction paper but never served us so we had no notice to leave then sent the sheriff in... View More

Anthony M. Avery
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answered on Sep 8, 2023

Adverse Possession is a civil transfer of land title. However it appears you were not there long enough to make a claim apparently without color of title. There may be a SOL that was busted when they sued you for possession. You will have to hire a AZ attorney to advise you and represent you.... View More

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2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Arizona on
Q: If you have buried your love one in your yard do you have rights to claim your property as a cemitary?

I have heard that you have additional rights to property protections (such as not having to pay property tax and your property, etc) if your loved ones are part of your property.

John Michael Frick
John Michael Frick
answered on Aug 25, 2023

In most states—possibly all—property used EXCLUSIVELY for the burial of human remains is exempt from taxation. There is also automatically a public access easement so anyone can visit the site.

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2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Arizona on
Q: If you have buried your love one in your yard do you have rights to claim your property as a cemitary?

I have heard that you have additional rights to property protections (such as not having to pay property tax and your property, etc) if your loved ones are part of your property.

James L. Arrasmith
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answered on Sep 14, 2023

In the United States, the laws regarding burying loved ones on private property vary by state and locality. While some areas may permit private family cemeteries on your property, there are usually regulations and requirements in place, such as size restrictions, permits, and record-keeping. These... View More

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1 Answer | Asked in Real Estate Law for Arizona on
Q: Az property valuation affidavit. price of ac $18,000 if means of financing is marked barter or exchange what next

98 promissory note signed for two acres.

2001 mother sold one acre back to owner who financed us. $41000 both acres 2001 modification to promissory note states new loan amount 25000 also note states we returned one acre releasing it back. I never signed anything agreeing to this agreement... View More

Anthony M. Avery
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answered on May 15, 2023

You are going to have to hire an AZ attorney that does real property litigation, not a title co. The Title needs to be searched, and if possible the original instruments need to be examined. Despite your disputes, the Notes and taxes must be kept current during litigation. Otherwise the... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Arizona on
Q: Deed has both deceased parents name. Mothers will gives house as living estate to two children. Which proceeds?

Father passed in 2014. Mother passed in 2022.

Marcus N. Seiter
Marcus N. Seiter
answered on Apr 6, 2023

Assuming AZ house was owned JTWROS between parents, then when dad passed in 2014, the house effectively belonged solely to mother (even though nothing was recorded to reflect that). Then in 2022, the house became part of mother's probate estate. The Will giving the life estate probably governs... View More

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Contract reads: “No variance or modification hereof shall be valid or enforceable accept by supplemental agreement…

In writing , executed & approved in the same manner as this agreement”. They changed pricing several times without supplemental agreement. Wouldn’t updated pricing be invalid? Contract wasn’t voted on by HOA Board like original one because HOA Pres. said it auto renewed. But they changed... View More

Jacob Rheaume
Jacob Rheaume
answered on Mar 13, 2023

This sounds like your speaking about your condominium bylaws or declaration. To know whether the pricing change is a violation of the original agreement or permissible, we'd need to know whether the pricing is: (a) a fixed number, or (b) a formula.

Typically, costs that would be...
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1 Answer | Asked in Bankruptcy and Real Estate Law for Arizona on
Q: I filed Ch.7 bankruptcy. Can my co-owner legally come after me for not paying the mortgage?

I filed Ch.7 bankruptcy in June 2022. I was able to keep my house. I was told I'm not liable for the mortgage/loan, but the bank can foreclose if it's not paid. I share the home with a co-owner. I want to know if I don't pay any of the mortgage, can the co-owner legally come after me... View More

Timothy Denison
Timothy Denison
answered on Jan 18, 2023

No one can take any action while the automatic stay is in place. Your co-owner should have been listed in the bankruptcy as a potential creditor which would preclude him from coming after you for the money although he may be within his rights to ask that it be sold.

1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: From Glendale AZ. Quit Claim a home to a non-family member.

From Glendale AZ. My son passed, single, with no will, and no children but a live-in girlfriend. All his belongings, including the home, go to his father and me. He made a dying declaration that he wanted the house to go to his girlfriend. We would like to honor that wish. It is my... View More

John Michael Frick
John Michael Frick
answered on Dec 26, 2022

A quit claim deed passes title to property to the grantee of the deed. There is no “loan” required. Title passes subject to all existing liens, assessments, and encumbrances.

If your son is the borrower on a loan which is secured by a mortgage or deed of trust giving his creditor a...
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1 Answer | Asked in Real Estate Law for Arizona on
Q: After a mortgage servicer sells an account, are they required to file a release with the county your home is in?

So the new mortgage servicer can file a deed of trust with the county? Because if I want to sell the home the title company will think the old servicer is who gets paid?

Anthony M. Avery
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answered on Dec 7, 2022

That would be an assignment not a release. The noteholder is the one to get paid and who gives a release when paid off, which may not be who is servicing the Deed of Trust. Hire an AZ attorney to represent you because you are about to make very serious mistakes.

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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