The need for help with real estate law is often more important than the average person understands. Whether you are looking to handle short sales in the face of foreclosure or you are a landlord facing tenant issues, we can help by negotiating the right agreements, structuring and reviewing contracts, and even counseling individuals on how to complete their real estate transactions.
Our attorneys prepare and review complex contracts and other documentation on a daily basis, so there is little that we are not ready to help you tackle. Our level of experience helps our clients save time and money, no matter what issues they face.
Below are the Real Estate practice areas our attorneys have extensive experience in. By clicking on the area, a description will expand.
Administrative Law is the body of law that governs the activities of all administrative agencies within the state of Arizona. The Arizona Department of Real Estate is an agency that regulates Arizona’s real estate, cemetery and membership camping brokers and salespersons. We provide services including allegations of violations of securities laws, fraud, negligence, or violation of ADRE agency rules.
Combs Law Group, P.C. represents clients in appeals in Arizona state courts involving all areas of real estate, including property disputes, easement disputes, adverse possession, deed restrictions, homeowner associations, lease disputes, foreclosures, deficiencies, brokerage disputes, lease disputes, and contract disputes. Our appellate lawyers stay informed and involved with current real estate law, and have extensive experience preparing and defending appeals in Arizona’s appellate courts. With their reputation for excellence in real estate law throughout Arizona and their skills and experience at the appellate level, Combs Law Group, P.C.’s appellate lawyers seek to maximize the opportunity for a successful appeal.
Avoiding litigation can save clients time, money and resources. Mediation and arbitration offer confidentiality, require less time away from work for employees and executives, provide a quick resolution, and, in the case of mediation, allow some control over the outcome of the case.
In mediation, the parties meet with a mediator and decide the value of a case for settlement. The decision is theirs and it is not left up to a judge, jury or appellate court.
Arbitration is another alternative to avoid litigation. The parties in this procedure give sworn testimony before an arbitrator who then decides the issues in the case. The advantages of this procedure are privacy, no appeal (with rare exceptions), less cost, earlier disposition, and finality. Our attorneys have helped provide resolutions in cases that are relatively simple, as well as in complex disputes involving numerous parties and millions of dollars.
In addition, to assist clients in mediation and arbitration, our attorneys are qualified to serve as mediators and arbitrators of disputes.
Whether looking to start or buy a business, a business owner should understand the proper structuring and operating of the business ownership entity. Any business owner should fully recognize the magnitude of proper business and protection planning in the formation of a Corporation, Partnership, or a Limited Liability Company (LLC). Our attorneys will review, strategize, and discuss with any business owner the best way for a new or existing company to be structured properly according to Arizona law.
A condominium is ownership of a unit of real property which, in reality, is the air space which an apartment, office, or store occupies. The owner of the condominium also owns a tenancy in common interest with owners of other units in the common area like parking, hallways, and recreation and landscaped areas. The maintenance and other responsibilities for the association are established in the Declaration of Covenants, Conditions, and Restrictions (CCR’s). On behalf of homebuilders, landowners, or developers, our attorneys can assist in all of these areas.
A contract to buy or sell real property is a binding and enforceable commitment between two or more people that imposes rights and obligations on each of the parties. In our experience, a contract frequently does not have black-and-white language. Contracts can be poorly-written, vague, illegal, and in some cases unenforceable. Questions commonly arise over the proper interpretation of a contract, whether the terms of the contract have been breached, and a non-breaching party’s remedies in the event of such a breach.
Not only can we review your contract, we can assist you in drafting a contract in order to avoid the common pitfalls that usually end up being decided by a judge or jury. Our attorneys can help you enforce contracts or defend against claims that you have breached a contract.
Complicated issues concerning ownership, control, business strategy, compensation, and the like can arise at any time in the life of a corporation, LLC, or partnership of any size. Disputes between the owners and managers of business enterprises like partnerships, corporations, or limited liability companies, can frequently become a “business divorce.” Our experience with these disputes has allowed our clients to preserve their businesses in the face of the conflicting claims that so often arise when there is a falling out among business colleagues.
Deed restrictions are restrictions on a deed of real property that place limitations on the use of the real property. Deed restrictions are attached to the property and usually can’t be changed or removed by subsequent owners. Deed restrictions are recorded by the developers to govern the use of the real property.
In some instances, homeowners seek legal advice from our attorneys on how to proceed with an amendment or creation of deed restrictions. In addition, they also seek legal advice on specific amendments tailored to specific violations of deed restrictions within their community.
An easement is a legal right to use the real property of another for a specific purpose. Easements may be identified on a subdivision plat, survey, or in the legal description of a recorded deed. The easement itself is a real property interest, but legal title to the underlying land is retained by the original owner for all other purposes. Easement disputes frequently arise among owners of adjoining parcels of land. Common examples of easement disputes that arise include the right of a property owner to use a particular segment of a neighbor’s land to gain access to a street or road, or the right of a town or city to run a sewer line across a strip of an owner’s land, which is frequently called a right of way. Our attorneys have been involved in many easement dispute cases and have the experience to assist you.
Types of Easements
Easements are granted for a variety of reasons depending on the needs and circumstances of the parties. The most common types of easements are easements for ingress and egress, driveway easements, and utility easements. Other types of easements include:
- Irrigation Easements
- Landscape Easements
- Conservation Easements
- Drainage Easements
- Cross-Access Easements
- Right-of-way Easements
Errors and omissions give real estate brokers and other professionals coverage because the nature of the work or service they perform exposes them to a claim by a client.
Our attorneys work with real estate brokers and other professionals to resolve the claim.
Estate planning is the process of organizing the estate for disposal. Estate planning typically attempts to eliminate uncertainties over the administration of a probate and maximize the value of the estate by reducing taxes and other expenses. We also assist executors and trustees in settling estates or trusts and represent parties in will disputes and probate proceedings. Typically, this can be a complicated procedure and there are many options to consider. Our attorneys can meet with you to discuss your needs and answer the questions that you may have regarding estate planning and the many different areas it contains. Estate planning generally involves the following documents:
- Durable Financial Power of Attorney
- Health Care Power or Attorney
- Living Will
- Beneficiary Deed
A will is a legal declaration by which a person, i.e. the testator, names one or more persons to manage his estate, and by which provides for the transfer of property at death. The drafting of a proper will is essential to ensuring that your wishes are carried out upon your passing, especially if a guardianship of minor children will be necessary.
A trust is a relationship arises when property is transferred by one party to be held by another party for the benefit of a third party. The trust is governed by the terms under which it was created. The terms of the trust are usually written down in a trust instrument. Most trusts in estate planning are revocable living (“inter vivos”) trusts.
In Arizona, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process. Our attorneys are very familiar with the foreclosure process.
A short sale is a sale of real estate in which the proceeds from selling the property will fall short of the balance of debts secured by liens against the property, and the property owner cannot afford to repay the lien(s) full amounts. The lien holders then agree to release their liens on the real estate and accept less than the full amount owed on the debt, which is the best case scenario.
Also our attorneys can assist individuals by negotiating loan modifications, review short sale contracts, and other strategizes.
Combs Law Group, P.C. regularly counsels and represents HOA’s in planned area communities and condominiums regarding laws and documents relating to HOA’s.
Our lawyers are familiar with HOA laws and the rules and regulations governing HOA’s. We help HOA’s draft and amend the governing CCR’s for the community. We also monitor board elections and resolve disputes with homeowners.
Landlord-Tenant Disputes are common occurrences. Whether you are a landlord seeking to evict a residential or commercial tenant or a tenant whose landlord is refusing to return your security deposit or is wrongfully evicting you, understanding and interpreting the Arizona Landlord-Tenant Act is essential. Our attorneys are experienced and educated in Landlord-Tenant disputes.
When someone dies, whether they had a will, trust, or unfortunately no estate plan at all, that person has an “estate” made up of his or her assets and that estate will have to be administered. Probate, through the local court, is the process to administer the estate of a person who died with a will or with no will. We can assist with the probate process by filing out all of the necessary petitions, notices, orders, affidavits, and letters of appointment in order to establish probate, and to appoint a personal representative to administer the estate. Once the probate is established, we can advise you as to the process of administering the estate, paying or disputing claims against the estate, making distributions, complying with all fiduciary duties, and ultimately closing the estate.
A real estate transaction is the process whereby rights in real are transferred between two or more parties. It can often be quite complicated due to the type of property rights being transferred, the amount of money being exchanged, and government regulations.
There is a wide spectrum of other real property transactions including financings, acquisitions, sales and exchanges, development, construction, joint ventures, real estate investment funds, loan syndications, management, leasing, workouts, and land use.Our attorneys provide current, expert coverage on the law of mortgages, the necessity and nature of mortgage obligations, mortgage substitutes, and foreclosure.
Zoning, P&D, and land use are all involved in the process of development of real property in order to get approval for certain kinds of structures in certain areas. Regulations and restrictions have to be evaluated in different zoning areas, e.g., the height of buildings, use of green space, density, use of lots, and types of businesses. Any successful development of real property in Arizona requires extensive coordination with local governmental agencies. Our attorneys have experience in assisting with this process.
Investors, buyers, sellers, and other real property owners need an experienced team that offers accessibility and communication like no other, and Combs Law Group, P.C. provides nothing less than the best.