Our real estate practice covers the full spectrum of transactional and litigation matters affecting property owners, developers, landlords, tenants, and investors throughout Arizona.
Types of Matters We Handle
Frequently Asked Questions
What is a quiet title action?
A quiet title action is a lawsuit filed to establish clear ownership of real property when there is a dispute or cloud on the title. Common reasons include boundary disputes, conflicting deeds, missing heirs, or unreleased liens. The court issues a judgment declaring who holds valid title, which clears the record and allows the property to be sold, financed, or developed without uncertainty.
What is a vendee lien and how does it protect buyers?
A vendee lien is an equitable lien that protects a buyer who has paid money toward the purchase of real property but has not yet received title. If the seller fails to convey the property as agreed, the buyer can assert a vendee lien against the property to recover the amounts paid. This is a powerful tool in Arizona real estate disputes involving failed closings or seller defaults.
How does the commercial eviction process work in Arizona?
Commercial evictions in Arizona differ significantly from residential evictions. There is no statutory right to cure for commercial tenants unless the lease provides one. The process typically involves serving a notice of default or termination, filing a forcible detainer action, and obtaining a court order for possession. Timelines and procedures depend on the lease terms and the nature of the default.
What should I look for in a commercial lease before signing?
Key provisions to review include the rent escalation structure, CAM charges, maintenance and repair obligations, assignment and subletting rights, personal guaranty requirements, default and cure provisions, and early termination options. We review and negotiate commercial leases to protect our clients from unfavorable terms that often favor landlords in standard form leases.
What is a 1031 exchange and how does it work?
A 1031 exchange allows you to defer capital gains taxes by reinvesting the proceeds from the sale of investment property into a like-kind replacement property. Strict IRS timelines apply — you must identify replacement property within 45 days and close within 180 days. The exchange must be facilitated by a qualified intermediary. We work with clients and their tax advisors to structure compliant exchanges.
What are my options if a buyer or seller breaches a real estate contract?
Remedies depend on the contract terms and which party breached. Options may include specific performance (forcing the sale to close), damages for lost profits or increased costs, retention of earnest money, or rescission of the contract. Arizona courts generally favor enforcing real estate contracts as written. We evaluate your contract and the breach to determine the strongest path forward.
What is a wrongful lien and how can it be addressed?
A wrongful lien is a lien recorded against real property without legal basis. Arizona law (A.R.S. § 33-420) provides a mechanism for property owners to petition the court to release an improper lien and potentially recover damages and attorney fees. Wrongful liens can cloud title and delay sales, refinances, and other transactions. If you believe a lien has been improperly recorded against your property, prompt legal action is important.