RECENT ARTICLES
Who Gets the Engagement Ring?
Question: Three years ago my boyfriend and I bought a home in downtown Glendale. We have been splitting the mortgage payments and other expenses. Last month I caught him cheating with his ex-girlfriend in our home. I moved out immediately to live with my mother. My boyfriend says that he still wants to keep living in our home, plus he said that he wants my engagement ring back. What rights do I have? Can I at least sell my engagement ring so that I can pay my mother back for some of my living expenses? Answer: First, because you and your boyfriend are both on title, if there is no agreement on selling the home and how to split the sales proceeds, a partition lawsuit will have to be filed. The Court will appoint a Special Commissioner, e.g., a real estate broker familiar with the downtown Glendale area, to sell…
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COVID Disclosure Requirements When Selling A Home
Question: We signed a purchase contract to buy a Sun City home. A neighbor then told us that the seller’s husband had died from COVID two weeks ago. Our real estate agent then told us that this recent COVID death does not give us the right to cancel the purchase contract, because under Arizona law both the seller and the real estate agents had no obligation to disclose to us this COVID death two weeks ago. Can we cancel the purchase contract? Answer: A.R.S. § 32-2156 provides that the seller, or a real estate broker, is not required to disclose any viral illness such as HIV/AIDS, West Nile Virus, or COVID. In other words, there is no requirement that the seller, or the real estate agents, had to disclose that the seller’s husband died from COVID two weeks ago. Nevertheless, if you are honestly and in good faith concerned about…
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