Real Estate Law

Experienced Phoenix Real Estate Lawyers

Our real estate attorneys at Platt & Westby, P.C., provide legal counsel for buyers and sellers of residential real estate, for homeowners associations, borrowers and lenders and for landlords and communal tenants in Phoenix, Arizona and surrounding communities.

Many of our clients reside in other states and are buying or selling vacation property in Arizona. They’re uncertain when told by real estate salespeople that they won’t need an attorney for their Arizona real estate transaction.

It IS common practice in Arizona for the realtor to draft the purchase contract and for the title company to perform the title search, issue a policy of title insurance, and prepare and record title instruments.

Using A Real Estate Agent Is Insufficient

While this is the custom, it is not the best practice.

The most important document in a real estate transaction is the purchase contract. Your real estate attorney is your best resource for the drafting, review and/or revision of your contract to make sure that the transaction you contemplated is the one that you have actually made. A well drafted contract is often your best protection should something go wrong. You should certainly take advantage of your realtor’s considerable skills in marketing, negotiating and guiding you through your transaction. This is what he or she does best. But also use your real estate lawyer to perform the services that your lawyer does best.

A Real Estate Attorney Should Review The Contract

As long as a transaction proceeds smoothly, few people pay attention to the contract. But when problems develop, will the contract protect you and provide remedies? It pays to have an experienced real estate attorney prepare or review your purchase contract.

  • An attorney will educate you on your rights and options so you can take appropriate steps to investigate your proposed transaction, such as when a property is sold “as is”, or there is a question of ownership and adverse possession.
  • An attorney will advise you on potentially troublesome real estate transactions, such as seller carrybacks, wrap-around contracts, or sales/leaseback transactions, and will draft a contract that limits your liability.
  • An attorney working on behalf of the seller can correct title problems, review and correct lease agreements, and correct title problems.  An attorney working on behalf of a buyer can draft purchase agreements, review title reports and explain the escrow process.
  • An attorney with knowledge of estate planning can greatly assist families in deciding how to hold title to a property, how to transfer title of a property, before or after death, and how a property can be partitioned.
  • And an attorney is vital in helping to resolve disputes, through real estate litigation or real estate mediation.  We often work with homeowners associations to help them resolve real estate disputes with members regarding homeowner associations’ rights and responsibilities, and with property management companies to draft leases, resolve landlord/tenant concerns, and to advise on fair debt collection practices.

Contact Our Real Estate Lawyers for a Free Initial Consultation

At Platt & Westby, P.C., we perform contract review, drafting and preparation of instruments for reasonable fees.  Many questions can be answered and contracts reviewed during our initial conference which we offer at no charge.  Please contact our office or call 602-277-4441 to speak with an experienced real estate attorney.

 

Recent Real Estate Articles by Platt & Westby, P.C.

Boundary Disputes

By Platt & Westby, P.C. | April 12, 2018

Boundary disputes, which are disagreements regarding who owns a piece of property, can be quite common. Boundary questions often arise when a property owner makes an improvement, such as building a fence.

For example, when you are raising a fence outside of your house, you may unknowingly be placing your fence on your neighbor’s property. On the other hand, you may be erecting the fence entirely on your property, but your neighbor may argue that the fence is encroaching on his property. It is important that any issues concerning boundary disputes get resolved in a timely manner.

 

We represent borrowers and lenders regarding the anti-deficiency statutes in Arizona. These statutes generally limit the lender's remedies against the borrower after a foreclosure. Not all borrowers or properties qualify under the antideficiency statutes.

If you have a real estate question, contact us.

We can help.


Melissa Keiper
Melissa Keiper
00:40 22 Feb 18
I wrote in to a law message board asking about a step in my case and Mr. Peter Westby replied with some sound advice. I emailed him to thank him for his advice and shared with him I was not being represented. He offered to meet with me to go over my case and possibly about representing me. In our meeting he allowed me to give him all the details of my case and he spent a good amount of time offering advise and insight to the law pertaining to my situation. Mr. Westby was very patient and allowed me to ask multiple questions and was thorough in his answers. Because I live 2 hours away and in a different county (Tucson), and because my case will most likely go to trial and the cost of travel for him to represent me I am unable to retain Mr. Westby as my attorney. However, if this were to be taking place in Phoenix I would hire him in a heartbeat. I appreciate his willingness to talk with me and spend his time assuring me about the steps i'll need to take in my case. He was very prompt in his reply to my question and then for scheduling a phone conference to go over a case he prob knew he wouldn't be able to take given the distance.read more
Lance Wallace
Lance Wallace
16:44 04 Jan 18
I've worked with Pete Westby on a few matters over the years and I do recommend him and his firm. It is nice to talk and work directly with a principal of the firm who has both integrity and tons of experience.read more
John Rukavena
John Rukavena
23:25 12 Oct 17
Meet with Peter today and was very impressed. I had a large tile job that was done improperly and was not sure if a lawsuit made economic sense. Peter was straightforward and told me that if the contractor did not have sufficent assets, a lawsuit would be risky because a favorable court decision might not result in a payout. I now know what I need to do thanks to Peter.read more
David Hughes
David Hughes
17:08 08 Nov 17
Mr. Westby was great and very knowledgeable and the staff was friendly and very responsive and kept me informed every step of the way... I would and will definitely recommend Platt & Westby P.C. to friends and family.read more
Jordan P
Jordan P
19:07 04 Sep 17
We went in for our free consultation regarding our legal concerns and we were very happy with our experience and outcome of our situation. Mr. Rahtz was professional, informative, and helpful. I would recommend him for anyone seeking legal counselling. Thank you to Mr. Rahtz and the rest of the team at Platt & Westby.read more
Kenneth Crayton
Kenneth Crayton
07:30 22 May 18
RahtzHe gave me his undivided attention and seemed to genuinely care. In my experience, it has been very tedious and daunting to begin a conversation with an attorney, especially one at a law firm with other partners, etc. That is, usually law firms won't lend an ear, it seems, unless you pay $100-300 initial consulting fee, which is basically a $15 overview of your case and whether they think it's worthwhile$$$.However, not only was I surprised to see Attorney Rhatz offer a no-cost consultation, but he also kept it "real." He advised me with information that even seemed to work against his assumed interest in profit (i.e., he didn't try to exploit me for money), such as by providing me with self-help research suggestions, and even helped me put together an outline for my case.He didn't want me to lose more money winning with him (he didn't want me to spend so much money to retain him, that even if winning the case, I'd still be at a net negative dollar-loss).He gave me his undivided attention, asked questions that showed he actually paid attention, and was very resourceful with directing me towards credible sources of jurisprudence.What's more, is that he didn't throw me out after 15 minutes, but rather stayed with me until he felt I was sufficiently informed with the material and answers to questions to send me along my way.This man even read through all my notes and connected with me as a person.I also appreciated his aggressive, but civil, nature towards vanquishing the countering party. He is strategic, he is prepared to preempt the countering party's legal arguments by first calling them out himself, and sparks reassurance that he is sedulously and astutely on the case.Obviously, I would recommend attorney R Andrew Rahtz for the aforementioned reasons, despite only meeting with him one time on an preliminary consultation.read more
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