BEST OF - Arizona Real Estate Law

by Christopher A. Combs

The following is for informational purposes only and is not intended as definitive legal or tax advice. You should not act upon this information without seeking independent legal counsel. If you desire legal, tax or other professional advice, please contact your attorney, tax advisor or other professional consultant.

Seller Can't Refuse to Perform (08/31/02)

Question: My wife and I signed a contract to purchase from a FSBO ("for sale by owner") a home in Mesa. At the final walk-through, we were finalizing some of the paperwork in the living room, which was very warm. My wife asked the seller to turn the air conditioning down, and the seller said that my wife was uncomfortable because she was overweight. My wife became very upset, yelled profanities at the seller, and finally kicked the seller in the leg. Although we immediately left, the seller now says that he will never sell the home to us. Do we have to find another home?

Answer: No. Although the seller may have a claim for assault against your wife, the contract is enforceable. You should contact a real estate attorney to file a specific performance lawsuit against the seller to prevent the seller from selling the home to another buyer until a court grants you specific performance of the contract, plus your attorneys' fees and court costs. Note: Sometimes sellers keep a home warm to conceal a defective air conditioning system. I hope that you had a qualified home inspector confirm that the air conditioning system is in working condition.

Phoenix attorney Christopher A. Combs is a partner with the firm of Combs Law Group, P.C. Reprinted with permission. Copyright 2005, all rights reserved.

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• Disclosure of Sales Price Required by Law
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• Title Company Can Assist With the Transfer of Title Out of Joint Tenancy, After Death of Spouse
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• Buyer has right to assign contract unless specifically prohibited in the contract
• CC&Rs restricting ownership by registered sex offenders probably enforceable
• Mortgage Loan Prepayment Penalties Legal and Enforceable
• No Tax Liability for Monetary Gift to Son
• Mediation Required for Earnest Money Dispute
• Quit Claim Deed is Sufficient to Transfer Property into Trust
• Husband and wife must sign personal guarantee
• Mutual Agreement to Sell Property is Required for Tenants-in-Common
• Due on Sale Clause Not Applicable with Transfers of Real Property to Children
• Handwritten language controls over boilerplate language
• Mediation Required for Earnest Money Dispute
• Consent from Mortgage Lender is Required for Removal of Name from Mortgage Loan
• Arizona Property Can be Transferred Into Out-of-State Revocable Living Trust
• Listing Daughter to Title of Real Property Not Recommended
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• Private Mortgage Insurance Removal Requirements
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• LLC Formation for Rental Properties Recommended
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• Disclaimer Deed Needed from Spouse
• Buyer has until close of escrow to satisfy financing contingency
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• Removal of seller from home after closing
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• Rentals on weekly basis are subject to Landlord-Tenant Act
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• Forged Signature on Deed
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