Casa Grande Real Estate Attorneys
Our Casa Grande real estate lawyers offer
extensive experience and positive results in real estate transactions,
development, real estate litigation, landlord-tenant issues, commercial leases
and HOA matters.
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.
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.
We represent landlords and tenants in the formation of
lease agreements, lease enforcement and lease disputes.
See David Fitzgibbons' article, “Negotiating a Commercial
Lease Includes Asking the Right Questions”
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.
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.
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.
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.
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.
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:
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Landlord/tenant and lease
issues
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Holdovers and lockouts
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HOA enforcement
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Contract violations
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Boundary issues
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Real estate development
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Escrow matters
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Complex quiet title actions
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Eminent domain
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Water rights
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Deficiency actions
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Fraud and misrepresentation
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Easements
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Land use
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Brokerage
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Appraisal
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Survey
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Property management
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