Simple Guide to Understanding & Resolving a Real Estate Property Dispute in Arizona

In most cases, real estate transactions go off without a hitch. The end result is happy buyers and sellers when escrow finally closes. In reality, disputes don’t really happen all that much. But in some instances, a potential real estate property dispute in Arizona can occur.

Here is a simple guide to understanding and resolving them.

Common Types of Real Estate Disputes in Arizona

There are a few common types of real estate disputes in Arizona that you should be aware of.

The most common types involve undisclosed property conditions, the required earnest monies, and can even involve property boundaries, water rights and sometimes zoning.

Often, most real estate disputes take place after the close of escrow, and generally are related to a lack of disclosure by the selling party.

What the Purchase Contract Says

The Arizona Association of REALTORS® (“AAR”) purchase contract is a boilerplate contract that many realtors use. It mandates that any disputes be resolved by mediation before taking a court action like a lawsuit.

• Using mediation as a remedy reduces court backlog and involves a third-party mediator who reviews the items being disputed and works with all involved parties to find an acceptable remedy that avoids a potential lawsuit.
• The good news about mediation is that it means many real estate disputes in Arizona are commonly resolved without further court actions. But in some cases, a dispute may require litigation to resolve.
• According to Section 7(c) of the Arizona Association of REALTORS® Purchase Contract, there is an established process that disputes must follow that involves all parties sending any related documentation of their dispute to a court-approved mediator.

In most instances, it’s usually easier and less costly to settle disputes out of court via mediation, as opposed to increasing spending without a guarantee of results through court channels.

Litigating Real Estate Disputes in Arizona

In some instances, a real estate dispute will require litigation to resolve. It’s important to keep in mind that trials are usually considered the last possible action; and are appropriate when all other methods to resolve the dispute have failed, and it is no longer possible to settle the dispute outside of a courtroom.

It’s important to bear in mind that trials can become costly very quickly and they can span months, and sometimes even years. This is because the rules of trials can involve lengthy discovery periods, where both parties try to discover facts about the other, including documents and communications relevant to the case.

While mediation often is the answer, sometimes real estate litigation is the only course of action.

Resolving a Real Estate Property Dispute in Arizona

Resolving a real estate property dispute in Arizona may take some time, and there are a few effective methods to consider along the way.

• Get your ducks in a row: Preparation is everything when it comes to mediation. Having the right legal counsel on your side will ensure that you have collected all of the proper documents and communications, and have submitted them to the appropriate parties in a timely manner.
• Get your timing right: Meditation can be lengthy and all parties should want to minimize the time and cost involved. Plan your mediation days wisely with your legal counsel to avoid feeling rushed, and to give all parties adequate time to prepare in advance.
• Hire the right counsel: The right Arizona real estate attorney can mean the difference between the desired outcome or the less than desirable compromise. Ensure that you take your time when seeking out counsel.

Find An Experienced Arizona Real Estate Attorney

At MacQueen & Gottlieb, we have significant experience with various types of real estate property disputes in Arizona. Our firm can help you collect all the necessary evidence, review it for accuracy, propose a fair settlement, and pursue legal action if necessary. If you are involved in a buyer/seller dispute, contact us today at (602) 562-7218 to schedule an initial consultation or make an appointment online.