REAL ESTATE LAW
Arizona Real Estate Lawyers
Our practice spans both transactional and litigation services in connection with a wide variety of real estate-related issues, including:
- Residential and commercial real estate disputes
- Construction Disputes
- Easement disputes
- Contractor warranty issues
- Property restrictions
- Title insurance claims
- Bond claims
- Mortgage disputes
- Complaints with the Arizona Registrar of Contractors
Representative examples of our work in the real estate area include appeals of decisions relating to the enforceability and application of antiquated property restrictions, the representation of collocation/server facilities in suits alleging a failure to supply necessary facilities, and appeals before the United States Ninth Circuit Court of Appeals challenging the finality of arbitration judgments in commercial real estate arbitration cases.
Need a Real Estate Lawyer? Contact Weinberger Law Today.
Real Estate FAQ
What Does a Real Estate Attorney Do?
Real estate law encompasses both the drafting of real estate-related contracts and the litigation of property disputes. Contracts for the purchase and sale of real estate, leases of commercial and residential property, and easements are typical examples of real estate contracts. Real estate litigation often involves property line disputes, disputes over an easement agreement, construction disputes, property restrictions, adverse possession claims, construction defect claims, trespassing claims, disputes over the covenant of quiet enjoyment, landlord-tenant disputes, title insurance claims and HOA disputes.
What Is Real Estate Fraud?
A seller of property commits fraud if he (i) makes a false statement regarding a material fact, or fails to disclose a material fact, (ii) knows that his statement is false or has no idea whether it is true, (iii) intends for you to rely upon him to provide complete and truthful information, (iv) you had a right to rely upon him to do so and did, in fact, rely upon him, (v) you did not know that his statements were false or incomplete, and (vi) you lost money or suffered some other type of injury as a result of the fraud. If a fraud has occurred, the remedies that are available include money damages and rescission. Rescission means that the court declares the transaction null and void. The remedy is generally available if it is possible for the court to return the parties to the positions they occupied before entering into the transaction. Punitive damages may also be awarded for fraud if it can be proven that the defendant acted with an “evil mind,” which means that he or she specifically intended to harm the victim or was consciously aware that their conduct posed a significant risk of harm.
Do Real Estate Contracts Have To Be In Writing?
Generally, yes. Contracts relating to real estate are governed by an ancient English law known as the Statute of Frauds. Under the Statute of Frauds, any lease of property for more than one-year, and all contracts for the sale or transfer of real estate or an interest in real estate, must be in writing and signed by the person against whom the contract is to be enforced. Agency agreements with realtors and brokers that call for commissions to be paid must also be in writing. Examples of contracts that convey an “interest” in real property are easements and deeds of trust (mortgages).
Do I Need a Lawyer to Buy Real Estate?
There is no legal requirement in Arizona that a lawyer represent you in purchasing real estate or at a close of escrow. That being said, we strongly advise out clients to at least have the contract and related documents reviewed by an attorney for a legal document review before signing on the dotted line. Many times contracts for the sale of real estate are drafted by real estate agents or brokers who, while well-intentioned, have little, if any, legal experience or knowledge of contract law. You want to be sure that you have a clear contract that includes all important terms so that if a dispute later arises, you are able to make good decisions about how to proceed.
More questions? We have answers.
If you’re looking for an experienced real estate attorney, Weinberger Law has over 30 years of experience in a variety of real estate related cases. During your initial consultation we can answer all the questions you may have. Call 480-729-6275 today to schedule a consultation.
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I trust him
“I hired Brian to help me with an office lease I was considering. He responded with the information I needed quickly, professionally, and clearly. He was able to provide me with the right questions to ask, the right steps to take, and he was able to set my mind at ease during the entire process. I signed the lease, and have been happy in my office, largely because of Brian’s work.”
Successful outcome in landlord-tenant situation
“I didn’t know how complex the landlord-tenant laws were until I was told I wouldn’t be getting my deposit back on a rental. Brian patiently took time to explain my legal rights and obligations and the outcomes of similar situations he’d handled. He clearly knows the law in this area. He outlined my options and offered creative suggestions for me to follow up on to avoid the need for legal action. Brian took this small matter seriously and I’m happy with a successful outcome!”
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Contact Weinberger Law for more information about all of our practice areas.