Real Estate Law
We've represented a variety of clients in all aspects of real estate transactions and litigation. Unlike many other firms, we can and will meet both your transactional and litigation needs.
- Purchase Agreements
Purchasing a home is one of the single greatest purchases that any person will make in their lifetime. However, it is a process that is foreign to many homebuyers and a variety of problems may arise during the transaction. We have over 30 years of combined experienced handing all transactional matters surrounding residential and commercial real estate deals. We have been hired by a variety of clients to do as much as prepare all of the contracts and legal documents required on million dollar projects and as little as review a residential purchase agreement to ensure its legality. In a time when more and more private individuals are conducting real estate sales without the help of a licensed real estate professional, quality legal guidance is especially important. Our firm ensures that your documents follow all legal principles guiding the sale and the transaction is closed with your best interests in mind.
We also have experience resolving any disputes that may arise during the process. With this broad base of experience we believe we see the approaching problems in a manner that affords us a greater opportunity to take the necessary steps to protect your legal rights.
- Development
We represent real estate developers in all aspects of the development process from negotiating with municipalities regarding zoning and development issues to negotiating and drafting development agreements. We also help establish and maintain the homeowners association and prepare the governing documents, including the Articles of Incorporation, Conditions, Covenants & Restrictions ("CC&Rs"), the Bylaws of the Association and the organizational minutes.
- Landlord/Tenant Issues
The Residential Landlord/Tenant relationship in Arizona is governed by the Arizona Residential Landlord and Tenant Act. The Act does not address business rentals, nonresidential rentals, or mobile home lot rentals. Generally, regardless of whether the rental is commercial or residential, the landlord and tenant will enter into a written agreement, the terms and conditions of which will include rent, the term of the agreement and other provisions governing the rights and obligations of the parties. Many issues may arise between a landlord and tenant and we have the experience to help resolve these issues. We are experienced in negotiating and drafting residential and commercial leases. We also have experience enforcing the terms of the agreement and helping through the eviction process.
- Foreclosures
There are generally two types of foreclosures in Arizona: (1) a foreclosure through a trustee's sale; and (2) a judicial foreclosure through the court system. Due to the simplicity of the process, most lenders foreclose on property through a trustee's sale pursuant to the terms of the deed of trust. A deed of trust is a deed conveying title to real property to a trustee as security until the borrower repays the loan on the property. This type of deed resembles a mortgage and is signed by the borrower at the time of the lender approves the loan.
A Trustee's Sale, or foreclosure of trust deed, is governed by A.R.S. *33-807. A Trustee's sale is a foreclosure process by which, according to the terms of the deed of trust and state statute, the foreclosed property is sold at a non-judicial public sale by the trustee without the burdens or delay of a judicial foreclosure. If such a sale is made, it is usually to the highest bidder.
One of the main issues in a foreclosure is determining whether a borrower will be liable to the lender for a deficiency judgment if the property goes into foreclosure. A deficiency is the difference between the sales price and the amount due on the loan. In general, a lender has a limited opportunity to recover a deficiency judgment through the courts against the borrower. Even though a lender may have a right to a deficiency does not mean that in practice they always seek one. To determine your rights in a foreclosure proceeding please contact one of the attorneys at Sternfels & White, PLLC.
- Real Estate Litigation
As a one-stop law firm, we litigate all types of legal disputes arising from the purchase, sale, and ownership of real estate. We represent the interests of buyers, sellers, brokers, real estate agents, developers, and landlords and tenants should a dispute arise. When real estate deals go wrong or some aspect of the transaction is in dispute, we will help. Unlike many real estate firms, our transactional practice is paired with a highly successful litigation practice. We will aggressively represent your interests in any dispute.
To speak with a qualified attorney at our firm about your real estate issues please contact us to set up an appointment.