- Arizona Real Estate Laws and Contracts
- Estate Planning
- Quiet Title Actions
- Land, Property and Contractor Disputes
In today’s real estate market, you need an edge. One way to get that edge is by assuring that you’ve conducted proper due diligence. The Arizona real estate attorneys at MacQueen & Gottlieb, PLC can help you keep this edge by providing legal counsel for all your real estate needs, including: residential, commercial, HOA’s (homeowner’s associations), lenders, borrowers, agents, tenants, landlords, buyers and sellers with services available in Chandler, Gilbert, Phoenix, Scottsdale, Tempe and surrounding areas. While a majority of the clients we serve happen to be Arizona residents, we are proud to provide our services to out-of-towners who are buying and selling investment and vacation property, too.
Shopping for real estate in Arizona (whether it’s commercial or residential) can be confusing if you are not familiar with how the law works. Commonly, the realtor is the one who drafts the purchase contract for the title company, which then goes ahead and conducts the title search, creates, prepares and files the necessary recording instruments, and is the issuer of title insurance. Over the years, this process has been streamlined. But just because it is in place doesn’t necessarily mean it’s the safest method for your bottom line.
Realtors Are Not Lawyers
While some people may think that having a realtor draft their contract is in their best interest and streamlines the purchase process, it’s not necessarily the best practice. That’s because the most important document you’ll receive in a real estate purchase is the contract. Without an experienced Chandler real estate lawyer reviewing your purchase contract and suggesting revisions, you may not be as protected as you thought you were.
With the right contract in place, though, you are the best protected against the unforeseeable, should things go awry. The right contract truly protects your best interests as a buyer or a seller and leaves little to the imagination.
It is important to understand that realtors are not lawyers—but they do engage in the limited practice of law. In many states, parties to a real estate transaction must have an attorney involved in the process of drafting and executing the contract and supporting documents. Arizona is not one of those states. Article 26 of the Arizona Constitution explicitly recognizes the right to draft these documents without an attorney if that person holds a valid real estate license, although the person drafting those documents is theoretically practicing law without a license.
Without a doubt, your realtor is an expert at selling property and land. They possess the experience, wherewithal, marketing and negotiation skills that you can use to your advantage. So, it naturally makes sense to leverage the ability of your realtor to your advantage. But just because a real estate agent in Arizona can engage in the limited practice of law does not always mean that it is the most prudent course of action. It should also make sense to leverage the skills of an experienced Arizona real estate attorney when it comes to the contract portion of any real estate transaction, too.
Always Have Your Real Estate Contract Reviewed
The truth is that most people don’t even review their real estate contract. They blindly expect everything to go smoothly from start to finish. Indeed, it is a rare circumstance where things actually do go wrong. But it’s when they do that people turn to the contract, many times only to find out that they may not be afforded as many protections as they had originally thought. When problems do arise, a contract is supposed to protect you and provide a remedy or remedies to correct the situation. That’s why its always a smart move to have a Gilbert real estate attorney review your contract before you sign it.
During review of your contract, our team of Arizona real estate attorneys will advise you of your rights as they pertain to the law as well as your legal options. Doing so gives you the ability to make a candid, educated decision before signing on the dotted line. This is especially important in cases where a property is being sold “as is” or if there may be other questions along the way such as ownership and even adverse possession.
The Arizona real estate lawyers at MacQueen and Gottlieb can provide you with counsel that helps you make a better decision on troublesome transactions; common in situations where you’d see something like a carryback, a leaseback, wrap-around contract and so forth. Even these unusual real estate situations can be piggybacked with the right contract that provides peace of mind in entering the deal with a contract in place and remedies that reduce your potential liability.
Protect Real Estate Investments & Assets with LLCs
One of the best ways to protect your real estate investments and shield your personal assets from potential liability is the use of limited liability companies in Arizona. Our firm is well-versed in the formation of LLCs and their utilization for purchasing and holding real estate investments in Arizona. Many real estate investors prefer to form a new LLC for each property (both commercial and residential). Our Chandler real estate attorneys can help you create a strategic plan for all your real estate holdings that will provide legal protection for your desired use of the individual properties. Our firm can draft, finalize and file all the required paperwork for any real estate holding company in Arizona.
What We Do
As experienced Phoenix real estate attorneys, MacQueen and Gottlieb specializes in helping our clients mitigate and prevent or litigate and resolve real estate disputes.
- When working on behalf of a buyer or a seller, we can help with contract drafts, review, corrections, revisions and edits, title problems and corrections, purchase agreements, title report and review, escrow explanation and more.
- Our firm can represent commercial real estate developers in land acquisition, planning, zoning, financing, contracting, sub-contracting, tax incentive proposals, leasing, and building operations.
- We also have experience in estate planning and can help you better understand your positions with properties and titles, title transfer, preplanning, partitions and more.
- Our firm specializes in real estate dispute resolution via real estate litigation and/or mediation. We routinely work with HOAs (homeowner’s associations) to help resolve common disputes regarding rights and responsibilities of the members and or the associations.
MacQueen & Gottlieb have significant experience in Arizona real estate laws, including contracts, litigation, mediation, estate planning, HOAs, quite title actions, land and property disputes, contractor disputes and much more.
Contact us today at 602-533-2840 to schedule an initial consultation or make an appointment online.
Find More Information on Arizona Real Estate Law
Stay up-to-date on Arizona real estate laws and our firm’s doings with these educational articles that can help you better understand many common situations where you’d want to seek legal counsel. Bear in mind that these articles are for informative purposes only and do not constitute, imply or deliver legal advice in any way, shape or form.
- What Must be Disclosed When Selling a Home in Arizona
- Custom Home Contracts in Arizona
- Understanding HOA CCRs
- Benefits of Using an LLC for Rental Properties in Arizona
- Real Estate Commission Disputes in Arizona
- Understanding Quitclaim Deeds in Arizona
- Legal Issues for Airbnb Short-Term Rentals in Arizona
- Undisclosed Building Code Violations or Defects After a Home Purchase
- What You Need to Know When Buying a Golf Course Property
- Buying and Selling a House in Arizona with Solar Panels – Know Your Rights
- Monsoon Season and Water Damage in Arizona
- HOA Tips Every Real Estate Professional in Arizona Should Know
- Zoning and Land Use Law in Arizona
- Partition and Quiet Title Action in Arizona
- Understanding Commercial Real Estate and Landlord Tenant Law in Arizona
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