Articles with keyword "real estate"
Phoenix Hail Damage Issues
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Arizona has adopted laws that govern and restrict homeowners and homeowner associations from suing their builder/developer. The law puts in place several procedural hurdles that must be cleared before suing a builder or developer in certain cases. This article addresses those procedures.
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Generally, sellers and brokers in Arizona real estate transactions must disclose "material" or important items to the buyer. But what exactly does "material" mean? This article helps answer that.
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The 2010 legislative session created several new laws that impact real estate owners in Arizona. The topics include HOA's, home inspections, landlord tenant issues, foreclosures and anti-deficiency issues.
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It is not enough to ask whether a particular community “has an HOA”. That is because, regardless of whether there is a functioning board of directors for the HOA, there may still be covenants, conditions, and restrictions (CC&Rs) that apply.
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The Arizona Residential Landlord Tenant Act is the body of law that governs most residential lease issues in Arizona. This law affords residential tenants many protections and creates various procedural requirements for landlords. The Act covers rent issues, evictions, partial payment, utilities, lease termination, security deposits and much more. It is important for both landlords and tenants to follow the law because it will almost always trump the lease when there is a conflict.
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These days, there are many issues that can kill a deal. With the prevalence of short sales, foreclosures and other non-traditional transactions it can be very difficult for brokers to keep a deal together through closing. Buyers back out for many reasons and sometimes no reason. When they do, there may be significant earnest money in dispute. Whether the seller or buyer “breached” the purchase agreement and who is entitled to the earnest money is often hotly contested.
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Title issues such as mechanic's liens, rogue deeds in the chain of title and adverse possession claims can hold up a transaction. It is important to properly identify the problem before a solution can be reached.
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If a buyer of real estate believes that material information about the property was concealed or otherwise not disclosed, they could sue. Sellers of real estate often face the most exposure when a real estate deal goes bad.
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In these difficult times, real estate brokers are finding it more and more difficult to collect lease commissions from commercial landlords. But brokers have several legal options at their disposal.
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