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, 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.
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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.