Real Estate FAQ
At Nearhood Law Offices, PLC, we emphasize the personalized delivery of legal representation to clients throughout the Scottsdale, Arizona, area. Every case is different because every client is different. For that reason, you should exercise caution when reviewing any FAQ. An FAQ, taken by itself, is never a substitute for real legal advice.
Real legal advice can only be had after a thorough discussion with an attorney. That lawyer can then apply the law to your specific circumstances while identifying those details that cause your case to be different from anybody else’s.
With that said, a few very general observations about real estate law can be made. Those general observations, while never constituting legal advice or the formation of an attorney-client relationship, can nevertheless orient you and help you better articulate your own thoughts so you can bring them to an attorney for professional consideration.
Two frequently asked questions include the following:
Question: If the seller and buyer agree to the performance of repairs on a house, when must those repairs be performed?
Nearhood Law Offices, PLC, emphasizes practical solutions wherever possible. Those practical solutions often save clients time, money and aggravation.
In the case of agreed-upon repairs, you first want to emphasize an open line of communication. Often this can be done through a real estate agent. Open communication can make it easier to address those situations where the timing of repairs or even the carrying out of repairs comes into dispute. For instance, perhaps arrangements have been made for the repairs, but they simply have not been carried out yet. If the buyer can determine that no arrangements have been made, and the sellers continue to fail to comply (or even outright refuse to do so), then the buyer would want to consult with an attorney to review the situation to determine if and how the agreement is enforceable through legal action.
Question: What kind of defects are required to be disclosed during a real estate deal?
Many people attempt to over-disclose in a good faith effort to help buyers make an informed purchase, but that does not mean every defect is required by law to be disclosed. Buyers often err on the side of including too much under the umbrella of what needs to be disclosed. Unfortunately, sellers and buyers cannot always agree on what needs to be disclosed or what should have been disclosed. It is not unusual for the law to require the disclosure of certain defects called “material defects.” If you as the buyer or the seller are attempting to determine if a particular defect is required to be disclosed, then you will want to ask your real estate agent and, if necessary, consult with an attorney experienced in answering those legal questions.
Because of the deeply personal nature of most real estate transactions, real estate questions quickly become specific to facts that are unique to a particular situation. Situations that often give rise to frequently asked questions include, for instance: commercial real estate, probate, trust administration, easements, home walk-throughs, listing services, questions of loyalty and fair dealing, the need for an attorney in the first place, and more.