Real Estate FAQ

The following are answers to some frequently asked questions about real estate law in Arizona:

Q: What are my options if a zoning ordinance or land use restriction prohibits what I want to do with my property?

A:

In Arizona, each municipality has its own zoning and land use restrictions. When one of these restrictions interferes with your development goals, you must either (i) re-strategize to comply with the law, (ii) apply for a permit or seek a variance, or (iii) challenge the law in court. Zoning and land use restrictions are often exceedingly complex, as are the requirements for obtaining a variance or permit. Our knowledgeable real estate attorneys in Tucson have extensive experience helping clients use each of these methods to overcome zoning and land use hurdles. This includes having a zoning ordinance declared unconstitutional.


Q: What are my rights if there is a construction defect in my new home?

A:

Finding out that your new custom home has a serious construction defect can be a deflating and disheartening experience. While you can't go back in time, you can hold the responsible manufacturer, developer, contractor, or subcontractor liable for your losses. This may include rescinding the purchase agreement, seeking restitution, and/or being compensated for the cost of remedial work to fully address all problems associated with the defect. The Law Office of Neff & Boyer, P.C. has successfully represented families and individuals in numerous real estate litigation matters involving construction defects, including multiple claims involving seven-figure homes.


Q: What is a "quiet title" action?

A:

More often than you might expect, two parties claim adverse interests in a piece of real property. Common examples include one party claiming an easement (or right of way) of which a recent purchaser was unaware, and two parties contesting lawful ownership of a home or undeveloped parcel of land. When this happens, the parties' respective rights will be determined through a "quiet title" action filed in the appropriate Arizona court. In a quiet title action, the parties' attorneys present their arguments to the court, and a judge decides who gets what based on applicable principles of Arizona real estate law.


Q: If I file for bankruptcy in Arizona, will I lose my home?

A:

If you have fallen on tough financial times, it is extremely important to understand your options. For example, many people are not aware that filing for bankruptcy can actually help save your home if you are facing potential foreclosure. Certain debts such as second mortgages can be stripped in a Chapter 13 bankruptcy, and your remaining debts will be reorganized to allow for a consolidated payment plan that fits your ability to pay.


For More Information, Contact the Tucson, AZ Real Estate Lawyers at The Law Office of Neff & Boyer, P.C.

If you are seeking to purchase, sell or develop real estate; if you are involved in a complicated real estate dispute; or if you are worried about losing your home, our Tucson real estate lawyers can help you understand your rights and protect your investment. Click here to contact The Law Office of Neff & Boyer, P.C., or give us a call at 520-722-8030 to schedule an initial consultation at a flat-fee rate.

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