The Real Estate Mediation Requirement: Resolving Before Litigating
Disputes among buyers and sellers in residential real estate transactions are more common than many realize. After all, a host of considerations are involved in…
Encroachment Disputes and Arizona Property Owners
Most homeowners take pride in managing the upkeep of their homes and properties, both to enjoy their property and to maintain their property values. However,…
What Are the Different Ways to Hold Title to Real Estate in Arizona?
When multiple parties purchase or otherwise obtain title to real estate, the joint owners can hold title to that real estate in different ways. The…
Common Legal Disputes Involving Construction Agreements
Buying and selling real estate, whether commercial or residential, often involves construction agreements. Particularly in the case of commercial real estate, construction is often necessary…
Buying Property “As Is”: What You Need to Know
Most real estate transactions today include an “as is” clause. Real estate that is listed “as is” may not be in perfect condition or may…
Common Contingency Provisions in Real Estate Contracts
Contingency provisions, or “if” clauses, are those conditions in real estate contracts that must come to pass before a sale closes. If the conditions…
Tenants in Common
There are several ways to hold title to real property in Arizona: tenants in common; joint tenancy with right of survivorship; community property with right…
Arizona Supreme Court Weighs in on HOA’s Use of General-Amendment-Power Provisions in CC&Rs to Amend Landowner Restrictions
In Maarten Kalway v. Calabria Ranch HOA LLC, et al., No. CV-20-0152-PR, the Arizona Supreme Court considered whether a homeowners’ association (HOA) could use…
Purchasing Real Estate “As Is” in Arizona
The “as is” clause appears in the purchase of all types of items, including real estate. For example, you often buy a used car “as…
Quiet Title Actions and Real Estate: What You Need to Know
Quiet title actions are not commonly understood. Disputes with neighbors over property ownership and boundary lines are common and frustrating. Many of these disagreements arise…
Commercial Real Estate Laws for the Arizona Business Owner
Commercial real estate laws affect most Arizona business owners in one way or another. Whether business owners rent or purchase spaces to house their business…
HOA Assessment Liens: What They Are and How They Work
Homeowners’ associations (HOAs) exist in planned communities or specific real estate developments throughout Arizona. These associations are designed to keep real estate developments up to…