Michael Capp

About Michael Capp

Please visit my law firm website:  www.mwcapplaw.com

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Education

• Law School: Creighton

Common questions about Real Estate in Arizona

Answered by Arizona Attorney Search Network

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.

What is an easement in Arizona?

An easement is a non-possessory right to use another's property for a specific purpose - access (driveway), utility lines, or a view. Easements may be created by express grant (recorded deed), prescription (long use, similar to adverse possession under ARS § 12-526 with 10 years), implication, or necessity. Easements run with the land and bind future owners until terminated.

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.

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