Purchase and Sale of Real Estate
Our real estate attorneys assist buyers and sellers in the purchase and sale of real property, including negotiating and drafting contracts.
In selling real property, sellers must be aware of disclosure requirements; we can draft an agreement that provides substantial safeguards to protect them against post-sale disputes. On the other side of the table, buyers must consider financing, and fully research and inspect the property, including title documents, land use restrictions or easements, the structural integrity of buildings and land, and even lease agreements.
VIDEO: Real Estate and Industrial Development
VIDEO: Landlord-Tenant Disputes and Eviction Procedures
Land Use, Planning and Zoning
For four decades, attorneys at our firm have played a key role in facilitating and promoting the growth and effective residential, commercial and industrial development of Pinal County.
We represent developers and agricultural and commercial property owners in the preparation of zoning applications, informally discussing the applications with elected and appointed officials and planning staff members, and formally presenting the applications before municipal and county planning and zoning commissions, city and town councils, and county boards of supervisors.
Development Agreements
Real estate development agreements are contracts to develop land for personal or commercial use. Development agreements can be complex, involving many regulations and parties, such as individuals, developers, businesses and cities. Some issues that may arise include planning, zoning, environmental laws, contracting and financing. Our attorneys can help negotiate, draft and review development agreements and assist with any disputes that arise.
Trustee's Sales & Foreclosures
Our experienced real estate attorneys assist lenders and borrowers in foreclosure actions, purchases in a trustee's sale, wrongful foreclosures, and deficiency actions.
When a deed of trust or mortgage is in default, a property may be foreclosed on by judicial or non-judicial foreclosure. In judicial foreclosure, the lender files a claim, and the court issues an order. In non-judicial foreclosure, the lender is given a power of sale by the mortgage instrument, and generally a trustee's sale occurs.
In a trustee's sale, the property usually goes to the highest bidder, and the proceeds pay off the loan and, if possible, any junior lien holders.
Real Estate Litigation
Our real estate attorneys' experience in negotiating and drafting real estate transactions gives them a thorough understanding of how to analyze real estate agreements when a dispute arises. Our attorneys handle a wide variety of real estate litigation cases, including:
Real Estate Leases and Landlord-Tenant Issues
We represent landlords and tenants in the formation of lease agreements, lease enforcement and lease disputes.
It is important to consult an attorney before entering into a lease agreement, to ensure that each party's rights and duties are clearly stated in the lease and to avoid future disputes. Common lease disputes may involve holdover tenants, eviction actions, unlawful ouster, breach, lease enforcement, constructive eviction, and failure to pay rent. Fitzgibbons Law Offices' real estate attorneys offer valuable experience with all of these issues.
Covenants, Conditions and Restrictions (CC&R)
A declaration of covenants, conditions and restrictions (CC&Rs) place limits on how property can be used and maintained, such as exterior paint colors, parking, landscaping, pets, and resale terms. CC&Rs are often used by homeowners associations (HOAs) in condominiums, townhomes or planned communities, or created by developers to apply to subdivisions or developments.
Our real estate attorneys assist developers in the drafting of CC&Rs. We also represent HOAs in CC&R enforcement disputes and HOA members in challenges of CC&R enforcement.
Homeowner Associations
With residential construction increasingly occurring within planned communities and subdivisions, disputes between homeowners and their homeowners association (HOA) are more commonplace than ever. Our real estate attorneys represent HOAs and their members in avoiding and resolving disputes, including enforcement of CC&Rs; penalties or foreclosures for violations of HOA rules; issues of home maintenance, design, construction, or conditions; and the resale of homes.