Jeffrey Brei

About Jeffrey Brei

Jeffrey Brei is a real estate attorney at Brei Law Firm 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: California Western

Common questions about Real Estate in Arizona

Answered by Arizona Attorney Search Network

Does Arizona have a homestead exemption for property creditors?

Yes. Under ARS § 33-1101 (as amended by Proposition 209 effective 2023), Arizona homeowners can protect up to $400,000 of equity in a primary residence from forced sale by most creditors. The exemption applies in bankruptcy, judgment-creditor collection, and most state-law collection contexts. It does not protect against the mortgage holder's foreclosure or against purchase-money liens.

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 sue my real estate agent for negligence in Arizona?

Yes. Real estate agents owe fiduciary duties to their clients (ARS Title 32, Chapter 20) and duties of fair dealing to non-client parties. Common claims include breach of fiduciary duty, misrepresentation, fraud, and negligence. The Arizona Department of Real Estate also accepts complaints and can discipline licensees, separately from civil claims.

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