Documents that affect the viability of—or that validate—a loan are likely to contain something called a “savings clause.” Savings clauses are inserted into contracts to ensure that the contract will remain as intact and enforceable as the law will permit, even in the case that some portion of the document is determined unenforceable by a court or otherwise invalidated. These clauses can refer to the entire contract, or to specific provisions within a given contract. They are intended, in other words, to serve as a source of relative certainty—even in the sorts of situations where uncertainty may be at issue. These clauses are also at times referred to as “severability clauses”—reflecting the intent by the parties to request that a court “sever” (cut away or render inert) whatever portion of the contract the law must deem invalid while maintaining the rest of the agreement, and even to indicate particular portions of the contract that they would favor to have severed, as against others (the ones they would most like to “save”). Read More
Zoning of a geographic area in Arizona is performed by city and county governments with the goal of maintaining the health, safety, and economic solvency of the community found there, and to control the rate of an area’s growth. The zoning ordinances and land use regulations applied to a given area govern the ways in which the land within it may be used, and may even regulate the appearance or size of buildings found there—including the building materials used to construct them, the distance buildings must be from the roads, and even the height or colors in which they may be rendered. Some of these zones are designated “commercial.” Read More
There are some forms of real property that are exempted from taxation in Arizona. This includes property owned by churches and religious organizations. But not all such property will necessarily be exempted—it has to meet certain requirements. Read More
One of the core underpinnings of our system of real property is that when an owner of property is divested of some portion of that property, they will naturally want to receive some form of compensation in exchange. Which is why some people find themselves shocked to learn that Arizona honors the concept of “adverse possession”—sometimes referred to colloquially as “squatter’s rights.” Read More
While building projects are often sources of positive anticipation, they also have a tricky tendency to go sideways in any number of ways. This can result in unfortunate frustration and disillusionment, particularly when projected completion dates come and go while construction shows no sign of being finished. Disputes are common in construction; they can have serious effect on the relationships between property owner and contractor, and at times real estate litigation may prove the only way forward. Read More
Tax lien investing is a potentially lucrative source of income for Arizona real estate investors with some previous investment experience under their belts. For those who are unfamiliar with the process, however, engaging in this form of investment can result in the shouldering of a considerable amount of risk. Read More
Real estate brokers work hard to earn their commissions. And they use specialized training and experience to secure the right buyer for the seller’s unique property. As a result, brokers deserve to be justly compensated for the value they bring to each transaction. Read More
When looking to make money from real estate investment, there are a number of avenues one may take. The two large categories are, essentially, purchasing property under one’s own name, or purchasing it under the name of a separate entity—whether a limited liability company (LLC) or a real estate trust.
Where it comes to sales and purchases, there are “as is” clauses, and there are “as is” clauses. Which is to say, the reach of an “as is” clause will depend on the legal context in which it is used. As one might expect, real estate law is an area in which the “as is” clause runs into some elements that narrow its scope.
The process for resolving disputes between Arizona homeowners and their homeowners associations (HOAs) has had a dedicated venue in Arizona law since 2011. Rather than needing to pursue conflicts via the civil court system, the parties to such a dispute instead pass through an administrative procedure.