William Fearnow
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About William Fearnow
William Fearnow is a real estate attorney in solo practice based in Arizona, 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 Notre Dame
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.
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.