Loading...
You are here:  Home  >  Real Estate Q&A
Latest

Real Estate Q & A: Buyer can terminate deed restriction

Posted by   /  April 26, 2017  /  Featured News, Real Estate, Real Estate Q&A  /  No Comments

Adam D. Martinez, Esq. | Chairman of Real Estate Litigation Department Question:  I am a developer and recently purchased four lots in a Phoenix neighborhood. Each lot is one acre. The original owner of the lots also owned a fifth adjacent lot that is currently owned by an individual who has lived in a home […]

Read More →
Latest

Real Estate Q & A: No Liability for Sellers Unless They Have Knowledge of Defects

Posted by   /  April 10, 2017  /  Featured News, Real Estate, Real Estate Q&A  /  No Comments

Adam D. Martinez, Esq. | Chairman of Real Estate Litigation Department Question: I am a Canadian resident and own several real estate investments in Arizona. One of my investments is a large home in Ahwatukee located at the base of the South Mountain. It is a beautiful home, but it is was built many years […]

Read More →
Latest

Real Estate Q & A: Is a commercial tenant responsible for back rent due to calculation error?

Posted by   /  March 23, 2017  /  Featured News, Real Estate, Real Estate Q&A  /  No Comments

Adam D. Martinez, Esq. | Chairman of Real Estate Litigation Department Question: I am a commercial broker. Several years ago I helped a company purchase two commercial condos. The company occupies one suite, and I found a tenant for the second-floor suite. The rent due under the lease is based on a calculation of square […]

Read More →
Latest

Builder exempt from CC&R requirement after association employee approves plans

Posted by   /  March 14, 2017  /  Featured News, Real Estate, Real Estate Q&A  /  No Comments

By Adam D. Martinez, Esq. | Chairman of Real Estate Litigation Department Question:  My company builds custom homes throughout the Valley and is finishing the construction of a custom home on a lot in the Fountain Hills area. The lot is subject to Conditions Covenants and Restrictions (CC&Rs) which required us to obtain approval from the association. […]

Read More →
Latest

Real Estate Q & A: What’s the deal with adverse possession?

Posted by   /  March 9, 2017  /  Featured News, Real Estate, Real Estate Q&A  /  No Comments

By Adam D. Martinez, Esq. Question:  We purchased a home in Arcadia on a large lot a few years ago with the intention of building a large addition with floor to ceiling accordion glass doors that open to an entertaining patio. In getting our property surveyed, we learned our neighbor is encroaching on to our […]

Read More →
Latest

Real Estate Q & A: Can Arizona brokers pay commissions to out-of-state brokers?

Posted by   /  March 1, 2017  /  Featured News, Real Estate, Real Estate Q&A  /  No Comments

Adam D. Martinez | Chairman of Real Estate Litigation Department Question:  I am a real estate broker licensed in Arizona. I am selling a commercial building to a buyer from Chicago. The buyer also happens to be a real estate broker licensed in Illinois, and he wants to receive the commission for the buyer’s side […]

Read More →
Latest

Real Estate Q & A: No right to a view without an easement

Posted by   /  February 22, 2017  /  Featured News, Real Estate, Real Estate Q&A  /  No Comments

By Adam D. Martinez | Chairman of Real Estate Litigation Department Question:  We recently constructed a new home on a hillside. The lot has amazing scenic views, which is the main reason we purchased it. Adjacent and below our lot is another lot and home. Our landscape plan included trees that, when grown, will partially […]

Read More →
Latest

Real Estate Q & A: Property owners must share easement expenses

Posted by   /  February 16, 2017  /  Featured News, Real Estate, Real Estate Q&A  /  No Comments

By Adam D. Martinez | Chairman of Real Estate Litigation Department Question:  We own a home on a large lot in Maricopa County. The lot is in a cul-de-sac with four other large lots with homes. All of the lot owners access their lots using an easement on a private road. The recorded easement only […]

Read More →
Latest

Real Estate Q&A: Lender’s must release deeds of trust upon full payment

Posted by   /  February 9, 2017  /  Featured News, Real Estate, Real Estate Q&A  /  No Comments

Adam D. Martinez | Chairman of Real Estate Litigation Department Question:  Several years ago, we purchased a commercial building in Phoenix to open a medical practice. We financed the purchase with a loan and we gave the lender a deed of trust on the property as collateral for repayment of the loan. Recently, we paid […]

Read More →
Latest

Real Estate Q & A: Are property owners responsible for changes that result in flooding?

Posted by   /  January 31, 2017  /  Featured News, Real Estate, Real Estate Q&A  /  No Comments

Adam D. Martinez | Chairman of Real Estate Litigation Department Question:  For years we have owned a beautiful ranch style property in North Phoenix. The homes in our neighborhood have large irrigated lots. Recently, my neighbor behind us built an addition to the back of her home and a large outside entertaining area. Ever since […]

Read More →