About Frank Tomkins
Frank Tomkins is a real estate attorney at Nagle Law Group based in Phoenix, 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: Duke
Common questions about Real Estate in Arizona
Answered by Arizona Attorney Search Network
What disclosures are required when selling a home in Arizona?
Arizona uses the SPDS (Seller Property Disclosure Statement) form requiring disclosure of known material defects affecting the property's value. ARS § 32-2156 requires disclosure of certain conditions including lead-based paint (federal), termites, septic systems, and homeowner association status. Failure to disclose known material defects can support fraud and rescission claims.
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.
Q&As answered by Frank Tomkins
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Office Location
Nagle Law Group
4530 E SHEA BLVD STE 140
Phoenix, AZ 85028
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