A.R.S. § 33-2401, which is part of Title 33, Chapter 22 of the Arizona Revised Statutes, deals with the state’s ability to deny an individual’s right to access his or her private property.
A.R.S. § 33-2401, which is part of Title 33, Chapter 22 of the Arizona Revised Statutes, deals with the state’s ability to deny an individual’s right to access his or her private property.
The Arizona Revised Statutes comprise the 46 Titles (3 have been repealed) codifying the laws of the State of Arizona. For the most part, each title of the Arizona Revised Statutes addresses a distinct area of public legal concern that the Arizona legislature has decided to pass laws on.
In a new decision by Division One of the Arizona Court of Appeals, the Court has determined that Arizona's statutory anti-deficiency protections "serve an important public purpose and may not be waived."
People who jointly own Arizona real estate frequently find themselves unable to agree about whether to sell and/or how to manage the property. When that happens the Arizona Revised Statutes provide a mechanism whereby one of the owners of the property may compel the sale of the property and distribution of the resulting proceeds.
Real estate contracts are like any other contract in that general principles of Arizona contract law require the existence of an offer, acceptance, consideration, and sufficient specificity of the terms in order to have an enforceable contract. In most cases, but often not in the case of a real estate contract, the above elements support an enforceable contract regardless of whether or not the parties write out the terms and/or sign a written document.