PHOENIX REAL ESTATE LITIGATION LAWYER with Over 25 Years of Experience
Why Choose Anthony Law Group To Handle Your Real Estate Dispute?
When significant investments or assets are at stake, real estate disputes can extend into long-term litigation and become costly for anyone involved. Finding an experienced Phoenix real estate attorney to represent you can help you grow your business, avoid expensive litigation whenever possible, and maximize your investment returns in the long run.
Over 25 Years Of Litigation Experience
With more than 25 years of experience, the attorneys at Anthony Law Group in Phoenix, Arizona, are highly skilled in the practice of real estate law.
As a result of our litigation expertise, we have successfully represented homeowners, landlords, tenants, investors, developers, builders, subcontractors, and homeowners associations in real estate matters with the following common real estate litigation.
Commercial Lease Disputes
Don’t let lease disputes get out of hand and become difficult to resolve. The best way to resolve a lease dispute may be through negotiation, but don’t wait too long, reach out before things get out of hand or become more complicated. Sometimes the best way to win a negotiation is by finding a fair solution for both parties.
Commercial lease disputes in Arizona can quickly result in significant financial or legal consequences, which should be taken into consideration before even signing a lease and certainly before pursuing real estate litigation. With The Anthony Law Group, there’s always an attorney by your side to defend you through your commercial lease dispute.
Our Phoenix commercial lease dispute lawyers is here to ensure any new agreements are vetted and the potential issues and consequences of those contracts are given appropriate legal consideration.
Purchase Agreement Disputes
The real estate market in Arizona has seen a lot of growth. Due to these abrupt shifts, prospective buyers and sellers are now facing purchase agreement disputes that place their home or investment at risk. For example, earnest money disputes, broker commission disputes, and post-closing disputes are more common as prices rise and more competition enters the market.
Our Phoenix real estate attorneys are knowledgeable and have many years of experience with all aspects of purchasing real estate in Arizona and avoiding purchase agreement disputes whenever possible. Our team is ready to represent you through a court case if necessary, but avoiding litigation is often the most cost-effective solution to real estate contract disputes.
Title Disputes and Insurance Issues
Often when a plot of land or real estate property is purchased the right preventative measures are not taken to avoid a litigious land dispute. One of the major factors in protecting the buyer, the seller, and a loan mortgage company in a transaction is title insurance.
Depending on the transaction and due to the multiple parties involved, title insurance can lead to different forms of legal disputes. Because of the complexities that title insurance presents, frequently, they end up being litigated in a court of law.
Remember, when examining a title, home buyers and banks have different interests. In the event you face any legal disputes, issues, or concerns involving title insurance, you should hire a qualified real estate lawyer to review the issue before attempting to resolve it on your own.
In Arizona, easement disputes require litigation to determine the rights and obligations of the affected estates, including if and where a claimed easement exists. If you are considering purchasing a property buyers should thoroughly examine title reports, which will detail any written and recorded easements, and should walk the property through and think about what easements can exist that are not detailed in the documentation.
Litigating easement disputes in Arizona can be expensive and a long-drawn-out process. Easement disputes can easily be avoided by making sure the easements are correctly described, property rights are observed and defended.
Misrepresentation Cases and Failure to Disclose Defects
The Anthony Law Group, located in Phoenix, Arizona, represents buyers who have purchased defective property. Upon purchasing a home or commercial property any defects in the property must be disclosed. If for any reason, defects were not brought up or discussed a lawsuit can be brought to the table by the buyer for nondisclosure.
These types of cases are complex, and you should seek legal advice from an experienced real estate lawyer to protect your rights. The Anthony Law Group has worked with many clients across the state to resolve all types of real estate disclosure disputes.
Quiet Title Actions
Quiet title action is used when multiple people are claiming they own a property, often this happens after a property owner dies without a will. This legal process can also be used by any individuals claiming title ownership to resolve the dispute in court.
A quiet title action can also be used to clear up property boundaries and existing easements as well so that the rightful owner can proceed with clear title to the property and resolve any risk of future disputes on any property usage.
It does not take long from the time construction is finished to see most signs of construction defects, settlement cracks, stucco cracks, expansive soils, roof leaks, and faulty deck/balcony. Some construction defects are not noticeable right away and will be harder to spot on a simple walk-through of the property. Sometimes it takes months or years for defects to become noticeable.
Under any circumstances, mistakes of this kind could indicate carelessness on the part of the builder or poor design. They might be honest mistakes, but the builder or contractor can still be responsible for resolving the defect. Our real estate attorneys can assess any construction defects and help you determine the best course of action for a full resolution.
The law is specific about what standards must be met for adverse possession, but if you’ve possessed land for at least 10 years, you may be able to claim ownership of the land after you ask the court to deem it yours as if it had always belonged to you. To get this process started you will have to begin by filing a quiet title claim.
The law specifies that property use must be open and notorious, to be adversely possessed. Usage of the land would need to be in plain view where the true property owner could let you know you were trespassing on their property in order to pursue adverse possession.
Property Partition Actions
Arizona real estate law does allow property to be owned by more than one person. What happens when one owner wants to sell the property and divide the earnings but the other property owner doesn’t want to sell? What if one owner wishes to sell, and the other wants to continue living in the property? A partition action is what happens when two owners can’t agree on what they should do with the property.
Fortunately, the state of Arizona has a clear process and laws for a partition action. The courts can order the property to be divided, or partitioned so it can sell, with the earnings being passed along to the individual owners. Often, it is more cost-effective for an experienced real estate attorney to assess ownership rights and the desired outcome of the individual owners and offer some proposed fair resolutions.
Eminent domain, Land Use and Zoning Matters
Eminent domain, or condemnation, is the power of the state to appropriate private property for a public purpose without the owner’s consent, but with just compensation. An eminent domain action against your real property can cause a substantial disruption in your business and/or your private life, and there’s no guarantee your rights will be respected or the price offered for your property will be fair market value.
Anthony Law Group has represented clients with all types of property with possible or on-going claims of eminent domain. If your property has been targeted for eminent domain, it’s important to find an experienced real estate attorney right away.
Negotiation When Possible; Litigation When Necessary
Although we are experienced litigators, we also have a knack for maximizing clients’ returns and minimizing costs through alternate dispute resolution. You can count on us to inform you if negotiation or mediation would likely be less expensive and risky than litigation.
Successful Arbitration Outcomes
As a result of skillful representation in arbitrations and mediations, our lawyers have helped our clients secure significant settlements and concessions. The co-founder of our firm, Stephen Anthony, has handled numerous arbitration cases through the American Arbitration Association.
Contact an Experienced Phoenix Real Estate Litigation Law Firm
Anthony Law Group is prepared to assist you and your business with real estate legal matters and litigation of all types. Schedule an appointment with our team of real estate attorneys by calling 602-362-2396 or by using our contact us page online today.