Real Estate Law- Buying or Selling a Home

Leaving property to your family is a goal for many people. We can prepare documents that would allow you to maintain control of your home and your family would receive it without going through probate.

Also selling and buying a home can be very complicated and expensive=even if using a real estate agent. Many situations can cause expensive issues such as inspections. Our real estate attorney can protect your interests and save you time and expense, and reduce your stress. Buying and selling a home is the most expensive transaction most people deal with in their lifetime.

Our real estate lawyer can provide invaluable insight if issues arise during the sale, such as these:

  • A For Sale By Owner (FSBO) arrangement is the process of selling your home without the representation of an agent. We can guide you through the numerous steps of the process and provide invaluable insight if issues arise during the sale.
  • You’ll need to settle any existing judgements or liens on your property before you sell your home. Our real estate attorney can help you negotiate payment with creditors or lienholders and ensure that these hindrances are removed.
  • Title issues can derail a sale.  Illegal deeds, clerical errors or even previously unknown heirs can delay your home sale. We can help you to resolve these issues.
  • There could be a restrictive easement on your property that scares away potential buyers. Our real estate attorney can determine the durability of the easement and possibly terminate it altogether.
  • Some married couples split up and selling your shared home can be complicated if both parties are named on the mortgage and deed.  If you’re already divorced or in the process, we can help unravel your home’s ownership and manage the disposition of the home, closing signatures and proceeds from the sale.
  • If you’re in financial trouble, our real estate lawyer can help you reach a deal with your mortgage provider to adjust or refinance your loan and avoid foreclosure. If this isn’t an option, we can help you negotiate a short sale with loan forgiveness and any other requirements that will help you move forward.
  • Renters may create unwanted complications when you wish to sell your home. Tenants have rights and you need to respect those rights legally. In addition to any lease agreements, there are laws governing evictions and landlords. Our real estate attorney can help manage the tenant aspect of your home sale carefully to prevent legal action
  • Inheriting a home from a family member can be complicated and trying to sell that home adds trust and tax implications that make the process even more perplexing. Our real estate lawyer can ensure that everything is done in accordance with the law and that your inheritance doesn’t become a financial monkey on your back.

Real estate attorneys address matters related to property, from transactions to handling disputes between parties. We help you to resolve real estate issues and avoid the time and high costs of going to court. If necessary, we offer mediation as well as negotiation in our practice on zoom or in person.

 Real estate law covers deeds, property taxes, estate planning, zoning, and title.

We prepare and review documents relating to purchase agreements, mortgage documents, title documents, and transfer documents. Our real estate lawyer will handle the real estate transaction and attend the closing with the buyer. Closing is when the money is paid and the title is transferred. The attorney is there to ensure the transfer is legal, binding, and in the best interests of the client.

Real estate attorneys help facilitate real estate transactions. We review contracts, negotiate agreements between buyers and sellers, give title opinions, attend closings, and more.

Hiring a real estate attorney may be a wise investment, especially for short sales, if you’re buying or selling from out-of-town, or in situations with tricky property concerns.

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PHONE: (623) 628-1110
FAX: (623) 240-2609

Arizona Mobile Attorneys

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CONTROLLING FAMILY MEMBERS

Question: One of my children is trying to control me and trying to get me to leave everything to her. I want to provide for all my children. What should I do?
  Answer:   First, there are two points you should always keep in mind: No one is “entitled” to an inheritance. It is YOUR CHOICE as to whom and to what extent you want to leave an inheritance.You are not required to discuss your estate planning with anyone and it is okay to tell them that they need not concern themselves with it (i. e. it’s none of their business).   It can be a serious concern when an heir (or any person for that matter) causes you to perceive them as controlling. This is often an indication that the person is attempting to influence and exploit you. We have seen instance after instance where the older generation is treated as a pile of money to be taken advantage of in both life and death.   The best way to protect yourself from this type of situation is to develop an effective estate plan that carries out the distribution of your property on your death as you truly want it to be distributed, and in a manner that is most efficient from a time and expense standpoint.   There are a number of issues that come into play when you are attempting to meet this goal. How can I skip probate court? How can I leave property in a manner that minimizes the likelihood there will be an effective legal challenge? Is my goal to protect my spouse or significant other as they advance in age or to provide an inheritance for children or other family members; or both? These are but a few of those questions. At Arizona Mobile Attorneys we can help you work through these problems and come up with an estate plan that addresses the issues particular to your estate plan.
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