Real Estate

Fitzgibbons Law Offices, P.L.C., represents clients in a variety of real estate transactions and disputes, including purchases and sales, landlord and tenant leases and disputes, trustee's sales and foreclosures, homeowners' associations, CC&Rs, development agreements, contracts, and litigation.  Our offices are located in Casa Grande and Coolidge, and we assist clients in Phoenix and Tucson, in Pinal and Maricopa Counties, and throughout Arizona.

Purchase & Sale of Real Estate

Our attorneys assist buyers and sellers in the purchase and sale of real property, including negotiating and drafting contracts and resolving disputes.  In purchasing real property, sellers must be aware of disclosure requirements, and draft an agreement that provides substantial safeguards to protect them against post-sale disputes.  Buyers must consider financing and fully research and inspect the property, including title documents, land use restrictions or easements, the structural integrity of buildings and land, and even lease agreements. 

Landlord & Tenant Leases

We represent both landlords and tenants in the formation of lease agreements, lease enforcement, and lease disputes.  It is important to consult an attorney before entering a lease agreement to ensure the rights and duties of each party are clearly stated in the lease and to prevent against future disputes.  Common lease disputes may involve holdover tenants, eviction actions, unlawful ouster, breach, lease enforcement, constructive eviction, and failure to pay rent.

Trustee's Sales & Foreclosures

When a deed of trust or mortgage is in default, a property may be foreclosed on by judicial or non-judicial foreclosure.  In judicial foreclosure, the lender files a claim and the court issues an order.  In non-judicial foreclosure, the lender is given a power of sale by the mortgage instrument and generally a trustee's sale occurs.  In a trustee's sale, the property usually goes to the highest bidder and the proceeds pay off the loan and any junior lien holders if possible.  Our seasoned attorneys assist banks and homeowners with foreclosure actions, purchases in a trustee's sale, wrongful foreclosures, and deficiency actions.

Homeowner's Associations

Our attorneys assist clients in issues related to homeowner's associations (HOAs).  Some possible HOA disputes may involve penalties or foreclosures for violations of HOA rules; issues of home maintenance, design, construction, or conditions; restrictive covenants on property use (CC&Rs); or sales.  Prospective purchasers should thoroughly investigate all HOA powers and rules before purchase.

Covenants, Conditions, & Restrictions (CC&Rs)

CC&Rs place limits on how property can be used, such as limiting colors you may paint your house, parking, landscaping, pets, or even resale terms.  CC&Rs are often used by homeowner's associations in condominiums, townhomes, or planned communities, or created by developers to apply to subdivisions or developments.  It is important to retain a thorough attorney to carefully review all possible CC&Rs before purchasing a property.  We may also be able to assist you in negotiating variances or obtaining relief from overly restrictive or illegal CC&Rs.

Development Agreements

Real estate development agreements are contracts to develop land for personal or commercial use.  Development agreements can be complex, involving many different regulations and parties, such as individuals, developers, businesses, and cities.  Some issues which may arise include zoning, environmental laws, planning, contracting, and financing.  Our attorneys can help negotiate, draft, and review development agreements, and assist with any disputes that arise. 

Real Estate Litigation

Our attorneys have significant experience in real estate and commercial litigation.  We frequently help clients with their litigation needs, including:

• Landlord/Tenant Disputes
• Lease Disputes
• Homeowner Association Disputes
• Real Estate Contract Disputes
• Commercial Real Estate Disputes

Contact Us

Real estate issues can be highly complex and require detailed investigations, thorough drafting, and exceptional litigation skills.  At Fitzgibbons Law Offices, P.L.C., our attorneys work diligently to protect your interests.  Contact us today to learn more.