REAL ESTATE LAW IN ARIZONA
Whether you’re buying your first home, or buying hundreds of acres to develop, Wayne Gardner can help you with your real estate legal needs.
If you are buying or selling developed property, it is critical that you consult a competent real estate attorney. You need to be familiar with the CC&Rs and homeowner association rules. In the case of commerical or industrial property, you must be informed as to the zoning and use limitations and the owner association restrictions. If the current zoning does not allow you to use the property the way you intend to use it a competent attorney can advise you regarding variance or exception permits. You will need to know whether the property is in a flood plan. Before you buy land or real estate, consult a competent real estate attorney.
For most people the purchase of a home is the largest single purchase of their lifetime. It is therefore very important to obtain a competent real estate attorney to help you with your purchase.
A majority of the homes in Arizona are under water. This means that more is owed on the home than what the home is worth. With the assistance of competent real estate counsel, you can negotiate for a short sale. This means that you can frequently sell your home with the mortgage company’s preapproval for less than what is owed on your home and you don’t have to pay the difference between the selling price and the amount of money owed on the house. There are, however, many tax ramifications to consider and you must know your legal rights under Arizona law. Call Wayne Gardner for a free consulation.
If you need to sell some real estate because you owe more on it than it is worth, your attorney can most likely assist you in negotiating forgiveness of debt with the mortgage company or bank. Wayne Gardner represented banks for many years and he can assist you in seeking debt forgiveness and he can advise you regarding taxation options and consequences on the 1099.
When acquiring real estate or contemplating using the land differently than how you are currently using it, you must first make sure that the land is zoned for the contemplated use. If it is not, then you should consult a zoning attorney to help you determine if a change in zoning can be obtained or whether a variance can be obtained.
UNDEVELOPED PROPERTY AND ACREAGE
When purchasing undeveloped land or acreage, you should first determine if there are water rights. If there are water rights, then determine what type of water rights there are. In Arizona, water rights are often referred to as “liquid gold” due to the value of water rights. Mineral rights and mining rights are also extremely important factors when considering the purchase of large tracts of land. Each parcel is unique and a buyer would be wise to consult an attorney, such as Wayne Gardner, who is experienced and knowledgeable in water rights and mineral rights.
Call Wayne Gardner today at 480-433-8524 for your free initial conversation on how he can help you with your Arizona real estate legal matters.
Wayne Gardner, Attorney
Buntrock & Gardner Law, PLLC
Mesa, AZ 85203