People are often surprised to discover that there is no real mechanism to prevent someone from recording a false document in an Arizona county recorder's office that purports to claim an interest in real estate even where none actually exists. In other words, as long as someone complies with the technical requirements to record a document, they can record it - the county recorder does not have the duty or the ability to confirm that the document is not fraudulent.

The Arizona Court of Appeals confirmed Arizona statutory law that Arizona home sellers are not required to disclose sex offenders to potential home buyers. The Court did, however, also find that fraud claims may be allowed if there is proof that sellers deliberately mislead the buyers in response to specific inquiries.

The administrative fund addressed in this statute is the subject of A.R.S. § 23-961, which provides for an assessment requiring every insurance carriier writing workers compensation insurance to pay a tax to this fund to finance the operation of the Industrial Commission.

If you are trying to recover damages from an Arizona homebuilder based on an allegation that your home has one or more construction defects, you'll probably need to engage the services of an expert to help you prove your case. 

Expansive soil conditions are present throughout Arizona and must be considered by any Arizona home builder.  If not properly planned for, expansive soil conditions may result in cracked foundations or floor slabs and other subsequent damage to the building.

Poor workmanship is probably the most common and most litigation issue in construction defect lawsuits.  Regardless of the quality of materials or design, improper installation can result in a long list of defects.

Material defects are frequently the target of construction defect lawsuits.  The use of inferior building materials or materials not properly designed for the structure in question can cause significant problems.

Design-related defects or deficiencies arise when professionals, such as architects or engineers, who design buildings and building systems, produce designs and plans that result in problems when the building or system is constructed.

The Arizona legislature has enacted two statutes that work together as the codification of what is commonly referred to as Arizona's anti-deficiency law. These statutes, found at A.R.S. § 33-729(a) and A.R.S. § 33-814(G), protect many Arizona homeowners from owing monies to their lenders after a foreclosure or trustee's sale.

Although homeowner associations are supposed to protect homeowners and make communities a better place to live, homeowners often find themselves battling powerful HOAs and feel they have little power to correct the situation.

Many Arizona home sellers are confused when asked to provide a Foreign Investment in Real Property Act Affidavit and many Arizona home buyers don't know they should ask for one.

Arizona Revised Statute Section 23-204 sets forth the State pre-emption of regulation of employee benefits by the State of Arizona.

When you come to an Arizona lawyer to discuss a sensitive legal issue, it’s natural to expect complete confidentiality. Fortunately, in order to encourage clients to be forthright with their attorneys, the law in Arizona and every other state generally protects your confidential information disclosed to your lawyer.

Arizona Revised Statute Section 23-103 addresses the number of commissioners who are required in order for the Arizona Industrial Commission to transact business.

Buying and selling real estate is typically one of the most significant financial transaction a person will be involved with during their life. These transactions are govered by contracts (agreements) between the buyer and seller of real estate.

Arizona law allows for certain individuals to hold homestead exemptions, which protect certain property from being seized and sold to satisfy the debts of the property owner.

A contract, in its simplest terms, is a written or oral agreement between two or more people.

In many states, particularly in the eastern U.S., an attorney's help is mandated when buying or selling a parcel of real estate.

Arizona law supports the proposition that every contract includes an implied covenant of good faith and fair dealing.

The Arizona Supreme Court has recently weighed in on the much-ballyhooed "show the note" defense that many homeowners have mistakenly been led to believe will help them avoid the consequences of not paying their mortgage.