Real Estate Law in Arizona
What Is Real Estate Law?
Are you getting ready to purchase or sell some property? Are you involved in a property or real estate dispute? Or, maybe you are having trouble getting your landlord to make repairs to the home.
Whether or not you are a property owner or tenant, you have rights under Arizona real estate law. Not all residential and commercial real estate transactions execute perfectly. Sometimes unexpected issues can occur such as property rights, access, liabilities, and more. Furthermore, legal matters involving real estate transactions are often complex and are not just limited to the property owners.
Types of Real Estate Law Disputes
Disputes involving real estate in Arizona are very common and some of them are quite complex. They often require the intervention of the courts. Typically courts are seen as the most biased party. Learn more about the different types of real estate disputes below.
Escrow Deposit
If you decide to purchase any Arizona property, there are certain steps anyone who is involved must take. One is having an escrow account. A common reason escrow disputes occur is when the closing process fails and the buyer and seller cannot agree on what happens with the funds.
Easement Real Estate Dispute
Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property. Easements are not always granted by a property owner. Information regarding easements is often included in Arizona property deeds.
For example, a neighbor may feel they have the right to access a portion of your property because a previous owner allowed them to for years. One step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.
Landlord/Tenant
Disputes often arise when Arizona landlords and tenants cannot agree on repairs, rent arrears, and more. Tenant and landlord laws are very complex and failure to adhere to them can cause either party to violate the rights of the other.
The Arizona Residential Landlord and Tenant Act governs the relationship between tenants and landlords involved in a rental agreement. However, it should be noted that there is currently no state agency in Arizona that enforces the provisions in this act. All transactions between landlords and tenants are technically private transactions. It may be in your best interest to contact an experienced Arizona attorney if you believe your landlord has violated the Landlord Tenant Act.
Contract Breaches
No Arizona real estate transaction is enforceable without a contract. Not all contracts are valid. The requirements for what to include in a valid real estate agreement vary from state to state. However, documents that are missing certain elements or contain unclear or confusing language and in which one party breaches often result in real estate disputes between sellers and buyers. Real estate contracts are enforceable documents. You should never enter into a real estate transaction in Arizona without a valid mutually beneficial contract.
Fraud/Omissions
Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with Arizona real estate lawyers to straighten things out.
You can report suspicions of real estate fraud to the Arizona Department of Housing. Real estate fraud occurs when any transaction or activity occurs with the express intent to mislead or misrepresent involving real property. These types of frauds can include:
- Illegal enticement to obtain loans
- Preparing 2 separate statements to obtain a larger loan
- Claiming money used as a down payment as a gift, and then repaying the amount
Boundary Lines
Property line disagreements usually occur when adjoining Arizona property owners do not respect property boundaries. Sometimes this is due to a valid misunderstanding between neighbors. Not all property lines are easy to define and property records are not always accurate or easy to understand. Usually, disagreements arise because of fencing, trees, and other boundary line concerns. Though some Arizona property owners feel they can take matters into their own hands, doing so could cause more problems. Court intervention is typically the best way to identify and enforce property lines.
Ownership
Determining the rightful owner of a property in Arizona is not always easy. For instance ownership issues are common when an owner verbally transfers ownership without documentation. Or, when someone bequeaths their real estate to another without going through the proper process. There can also be other parties with ownership rights, such as certain lien holders.
Liens
Liens can impact your ability to own property or land free and clear. It is possible to sell a property that has liens on it. However, some liens can diminish a property’s sale price. Also, in many cases, liens must be clear before you can secure a mortgage or financing.
Arizona Law states that a judgment lien can be placed on real property in order for a creditor to collect from a debtor. At least 20 days before the sale of the property, a notice must be mailed to the creditor that the lien will be extinguished. The notice must include the current name and address of the property owner, and the recording reference for judgment. This notice must also contain the date of when the property is expected to transfer to the buyer.
What Should You Do If You Are in a Real Estate Dispute in Arizona?
If you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement, it’s best to speak with an experienced Arizona real estate lawyer. Regardless of the issues you are facing, you can benefit from having legal guidance.
Learn About Real Estate Law
Arizona real estate law is quite complex. It is important for you to learn as much as you can about how real estate law applies to your circumstances. Your lawyer will help you to understand what’s at stake and develop a plan of action that helps protect your real estate rights.
Work With an Experienced Real Estate Attorney in Arizona
Real estate disputes make up the majority of litigation cases. Still, not all issues require you to go to trial. You should work with Arizona lawyers that have the knowledge and experience to get you the resolution you seek. Depending on your disagreement, the courts may include financial compensation and injunctions to prevent retaliation or recurring issues.
Get the legal help you need now. We help Arizona landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across Arizona state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
