Real Estate

Acquisition & Development

Our firm assists clients in the acquisition and sale of real property, and assemblage of parcels for development, both commercial and residential. Our attorneys provide guidance and assistance throughout the course of development projects from initial permitting to the completion of infrastructure improvements. Client representation includes the negotiation and drafting of purchase and sale agreements, assistance with obtaining the necessary development approvals from local governmental agencies, platting and subdivision considerations, negotiation of financing terms, the drafting and implementation of restrictive covenants, the creation of property owners and condominium associations, negotiation of construction agreements and the drafting of purchase and sale agreements and related sales materials between developers and end purchasers. Following the issuance of final development approvals and plat recording, attorneys administer all closings, the issuance of title insurance, and related closing agent functions on behalf of developer clients.

Adverse Possession in Arizona

Adverse possession is a way of acquiring title to real property by physically occupying it for a long period of time. As strange as it may seem to the non-lawyer, you may acquire property without the consent of the actual title holder if you possess it long enough and meet the legal requirements. The problem occurs more often than people realize. A home owner puts up a fence based on an erroneous survey, and no one catches the mistake for many years. A neighbor parks his RV on the vacant lot next to his home for years. The subsequent purchaser does the same and builds a garage on the land, believing the land is part of the property he has purchased. It is not until a developer buys the land and wants to build an apartment complex that they discover the error.

Commercial Leases

Commercial Lease Agreement is necessary when any Landlord wishes to rent commercial real estate (such as a store, office, warehouse etc.), to a potential Tenant. A written lease agreement is designed to document the terms and condition of the lease agreement between the Landlord and Tenant, and will help avoid possible misunderstandings and problems in the future. If a dispute or misunderstanding does take place dealing with issues such as rent, lease term, repair policies, etc., a Commercial Lease Agreement is useful for clarification or evidence. It is important to note that a business lease is different than a residential lease.

Construction & Lien Law

We represent clients in all areas of the construction industry including commercial and residential owners, general contractors, subcontractors, vendors, suppliers, and developers at all stages of commercial and residential construction projects – from conception to completion, including the resolution of disputes that arise.

We have experience in the diverse and often complex aspects of construction disputes. Our attorneys work diligently to represent your interests, striving to reach a positive resolution while remaining mindful of the need to keep unnecessary expenses in check. Our attorneys achieve quick and positive results by continuously exploring alternatives and developing creative solutions.

Our team approach allows us to draw on a wide range of legal knowledge and experience to address the spectrum of legal issues that can arise in construction matters. Our attorneys take pride in their willingness and ability to service all clients – ranging from small contractors and suppliers to owners to developers of major projects.

Construction disputes often involve contractors, subcontractors, and property owners in matters such as inferior workmanship, incomplete work, unpaid fees, defects, and bonds for public and private projects. The status of professional licenses with the Registrars of Contractors may be on the line.

Deed in Lieu of Foreclosure

Deed in lieu of foreclosure is a process in which a homeowner voluntarily signs over their property to the lender to avoid foreclosure.  It is typically done in situations where the loan amount far exceeds the value of the property, and the homeowner wants to just “walk away.”

A deed in lieu of foreclosure can offer several advantages to both the homeowner and the lender. The objective, for the homeowner, is to have the lender waive any “deficiency” from the sale of the property.  A deficiency is the amount left unpaid on the loan after the property is sold for less than what is owed against it. In many situations, this is a distinct possibility, in others it is more challenging.

Foreclosure Law in Arizona

In Arizona, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process.

Escrow Title Insurance Law

Almost any significant real estate transaction, whether commercial or residential, begins with title insurance and ends with closing escrow.  The core element in the acquisition, disposition and financing of real estate is whether title to the real property is good, marketable and insurable.