Real Property Page Title


Arizona Real Estate Law: providing a full range of real estate law services for buyers and sellers of residential real estate, real estate investors, homeowner’s associations and landlords and tenants.

The Law Office of Raymond A. Kenney, our Arizona Real Estate Attorney, offers a diverse real estate litigation practice that includes representation of landlords and tenants, buyers and sellers, borrowers and lenders, and homeowners and homeowner associations. The firm’s diverse practice offers our clients the ability to formulate the best solutions for their real estate problems.

Arizona Buyer-Seller Disputes:
   If you're like most people, your home is your biggest asset. Unfortunately, that asset can sometimes turn into a nightmare. If you own a business, real estate problems can spell the demise of your business. Whatever your real estate problem - or opportunity - The Law Office of Raymond A. Kenney, PLLC is the obvious choice for the Arizona law firm you want on your side.
   The real estate market in Arizona has seen dramatic changes over the last five years. It has gone from unprecedented growth to recession in just a couple of years. The rapid shift in the real estate market has presented some unique challenges to prospective buyers and sellers.
   Due to Arizona's recently burgeoning - and then cooling - real estate market, we have seen a marked increase in cases stemming from sellers and buyers misrepresenting the facts surrounding real estate transactions and/or failing to comply with their contractual obligations. If you feel you have been the victim of such a situation, we encourage you to contact a lawyer quickly before it becomes impossible to exercise all the remedies you may have available to you.
      The Law Office of Raymond A. Kenney, PLLC provides representation in all kinds of real estate disputes, such as:
      • Arizona Real Estate Purchase Agreement disputes.
      • A seller’s misrepresentation or omission of defects and/or other material facts
         relating to the condition of the property.
      • Broker commission disputes.
      • Earnest money disputes.
      • The resolution of complicated title issues.
      • Boundary disputes, adverse possession claims and quiet title actions.
      • Post-closing disputes.

Usually a residence is the most expensive and valuable asset that an individual will buy during his or her lifetime. While the above issues sometimes can be costly to resolve, they often will be more costly if you do nothing or if you wait too long to act.

Arizona Homeowner Association (HOA) Law:
   The Law Office of Raymond A. Kenney, PLLC counsels and represents Arizona homeowners involved in disputes with their Homeowner Associations and Condominium Associations. Although some disputes can be resolved before they get into court, this law firm is experienced in defending lawsuits brought by HOAs or, when appropriate, filing lawsuits on behalf of homeowners to protect their rights.
   Many Arizona homeowners’ properties are governed by rigid laws, rules and regulations as dictated by their homeowners association. These rules and regulations can be confusing, conflicting, vague, and occasionally unenforceable. Whether you own a single-family house, a townhouse or a condominium, you need to be familiar with those rules and laws in order to live in the community. The Law Office of Raymond A. Kenney, PLLC is familiar with HOA laws and the rules and regulations governing your membership in a homeowners association.

Arizona Real Estate Construction Defects:
   A home is often an individual’s single largest investment. New homes often come with hidden problems that can cost thousands of dollars to correct. A poorly-constructed roof, framing or stucco can cause water leaks that can damage or ruin your personal property, diminish the value of your home, and allow the growth of dangerous molds. Failure to properly compact the soil can cause cracking of concrete slabs, floors and walls. If you are unaware of your legal rights you could be forced to pay for the repairs out of your own pocket. You should not have to pay for repairs on your new home if you have other legal avenues you can pursue. The laws regarding home construction have recently undergone revisions.
Arizona Landlord-Tenant Law:
   As a landlord you are well aware that there are valid reasons to evict a residential or commercial tenant. The Law Office of Raymond A. Kenney, PLLC understands that your rental properties are valuable assets. If your tenant refuses to pay rent, fails to abide by the terms of the lease, or damages your property, the last thing you want to have happen is to have your income stream disrupted due to your failure to follow all of the necessary steps in the eviction process which will delay your ability to bring in a new, paying tenant. You also want to avoid the common pitfalls and problems that could end up delaying the eviction process several months which will end up costing you a significant amount of money. The Law Office of Raymond A. Kenney, PLLC can offer you the proper legal representation so that your eviction process is both swift and successful.
   As a tenant, you have the right to occupy a clean and safe environment. You are also protected against wrongful eviction and to have any unearned portion of your security deposit returned to you at the conclusion of your tenancy. Arizona landlord-tenant laws are complex. Fortunately, Arizona law provides remedies in such situations. In Arizona the successful party has the right to request that the other party pay his or her legal fees.
   Raymond A. Kenney is knowledgeable and experienced in landlord-tenant law and is able to answer your questions and to represent you in any lawsuit. Ray can assist you in filing or defending the forcible detainer or special detainer case.

Arizona Title, Ownership and Boundary Disputes:
   Boundary disputes, title problems and questionable claims of ownership can impact your ability to convey proper title and ownership which in turn can substantially diminish the value of your property or result in the loss of your home.
   Boundary disputes among neighbors are very common. Fences and block walls are not always erected along the actual property line. Under certain circumstances, you may be entitled to claim ownership of someone else’s property by virtue of adverse possession or worse yet your neighbor may be able to claim a portion of your property.
   Adverse possession requires the actual, visible, open, notorious, continuous, and exclusive use or occupation of another owner’s property for a period of years. If someone has been encroaching on your land you must take action within this time period to prevent losing your property by adverse possession. Because the period of adverse possession may have started to run before you bought you home, it is important that you seek legal advice immediately if you have questions or concerns about adverse possession.
   Easements, which are generally defined as a non-possessory right to use the property of another for a specific purpose, can lead to property disputes. Easements often must be in writing to be enforceable, but there are many exceptions. An owner of property is usually prohibited from denying or interfering with use of the easement. Disputes commonly arise when a new owner is unaware of an easement or the easement was never recorded. If someone is denying you the right to use an easement you may wish to contact an attorney.
   If you share ownership of your property with someone else, there are specific legal rules that govern your relationship. Generally speaking, a co-tenant is entitled to an undivided ownership interest in the property, meaning that each owner has the equal right to possess, occupy or use the property. If one owner wants to sell the property but the co-owner does not, or if the relationship, for whatever reason, should end there are methods for solving this apparent legal standoff. The most common legal action is to institute a partition action. A partition action is a lawsuit that leads to the court-ordered sale of the property and distribution of the proceeds.
   Although it is common practice in Arizona for buyers and sellers of real property not to use attorneys because typically a realtor drafts the purchase contract and the title company performs the title search and prepares and record title instruments this does not mean that it may not be advantageous for you to utilize the services of an attorney for your real estate purchase. Many transactions appear to proceed smoothly however later when problems develop, the real estate purchaser determines that the contract did not protect his/her interests provides no remedies because the property was sold “as is”, or there were other problems with the transaction.
   The Law Office of Raymond A. Kenney, PLLC will advise you on potentially troublesome real estate transactions, such as sales/leaseback transactions, and will draft a contract that ensures that you are protected.

The Law Office of Raymond A. Kenney, PLLC, represents clients throughout Arizona, including Phoenix,Glendale,Sun City West, Sun City, Surprise, Peoria, Tolleson, Avondale, Goodyear, Litchfield Park, Luke Air Force Base, Scottsdale, North Scottsdale, Pinnacle Peak, Anthem, Carefree, Cave Creek, Fountain Hills, Tempe, Waddell, El Mirage, Maricopa County, Mesa, Prescott, Flagstaff, Sedona, and Casa Grande, Arizona. When you need experienced legal representation to help resolve your legal issues whether it be bankruptcy filing, chapter 7, chapter 13, estate planning attorney, wills, trusts, probate, divorce, family law, business law, lawyer, contract review, contract drafting, this law office can help. Contact The Law Office of Raymond A. Kenney, PLLC. Free phone consultation call today to speak to our attorney 623-234-3536


State Bar of Arizona | MCBA

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