Our practice spans both transactional and litigation services in connection with a wide variety of real estate-related issues, including:
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 Court of Appeals for the Ninth Circuit challenging the finality of arbitration judgments in commercial real estate arbitration cases.
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.
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.
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).
There is no legal requirement in the state that a lawyer represent you in purchasing real estate or at a close of escrow. That being said, we strongly advise our clients to at least have the contract and related documents reviewed by an Arizona real estate attorney 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.
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) 900-5192 today to schedule a consultation, our office is located in Scottsdale, Arizona.