Carl Sammartino

About Carl Sammartino

Carl Sammartino is a real estate attorney at Sammartino Law Group PLLC based in Tucson, Arizona. Real estate practice in Arizona is grounded in ARS Title 33 (property transactions, deeds, encumbrances) and Title 32 (real estate broker licensing), covering purchase and sale disputes, title and easement issues, and broker liability claims. See contact information below.

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Education

• Law School: U of Arizona

Common questions about Real Estate in Arizona

Answered by Arizona Attorney Search Network

How does adverse possession work in Arizona?

Under ARS § 12-526, a person can acquire title to land by 10 years of continuous, open, hostile, exclusive possession (or 5 years if also paying taxes under ARS § 12-525). Adverse possession claims require strict factual proof and are most commonly used to fix boundary disputes or resolve historical title gaps. The doctrine does not apply against state-owned land.

How does the Arizona statute of frauds apply to real estate?

ARS § 44-101 requires that contracts for the sale of real property, leases longer than one year, and certain other real estate agreements be in writing and signed by the party to be charged. Oral real-estate contracts are generally unenforceable, with limited exceptions for partial performance and fraud. The writing must identify the parties, property, and price with reasonable certainty.

Can I rescind a real estate contract in Arizona?

Sometimes. Arizona recognizes rescission for fraud, mutual mistake, undue influence, duress, and certain statutory grounds. The Arizona Department of Real Estate enforces some buyer protections including a 7-day cooling-off period for some unsolicited home-improvement contracts under ARS § 44-5004. Rescission generally requires acting promptly upon discovery of grounds.

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