Adam D. Martinez, Esq. | Chairman of Real Estate Litigation Department Question: I am a commercial broker. Several years ago I helped a company purchase two commercial condos. The company occupies one suite, and I found a tenant for the second-floor suite. The rent due under the lease is based on a calculation of square feet. The owner of the …
Real Estate Q & A: What’s the deal with adverse possession?
By Adam D. Martinez, Esq. Question: We purchased a home in Arcadia on a large lot a few years ago with the intention of building a large addition with floor to ceiling accordion glass doors that open to an entertaining patio. In getting our property surveyed, we learned our neighbor is encroaching on to our property by as much as …
Real Estate Q & A: Can Arizona brokers pay commissions to out-of-state brokers?
Adam D. Martinez | Chairman of Real Estate Litigation Department Question: I am a real estate broker licensed in Arizona. I am selling a commercial building to a buyer from Chicago. The buyer also happens to be a real estate broker licensed in Illinois, and he wants to receive the commission for the buyer’s side of the transaction. I don’t …
Real Estate Q & A: No right to a view without an easement
By Adam D. Martinez | Chairman of Real Estate Litigation Department Question: We recently constructed a new home on a hillside. The lot has amazing scenic views, which is the main reason we purchased it. Adjacent and below our lot is another lot and home. Our landscape plan included trees that, when grown, will partially block the adjacent neighbor’s scenic …
Real Estate Q & A: Property owners must share easement expenses
By Adam D. Martinez | Chairman of Real Estate Litigation Department Question: We own a home on a large lot in Maricopa County. The lot is in a cul-de-sac with four other large lots with homes. All of the lot owners access their lots using an easement on a private road. The recorded easement only refers to the right to …
Adam Martinez, Rose Law Group Real Estate Litigation Department Chairman, answers the question, are property owners responsible for changes that result in flooding?
Adam D. Martinez | Chairman of Real Estate Litigation Department Question: For years we have owned a beautiful ranch style property in North Phoenix. The homes in our neighborhood have large irrigated lots. Recently, my neighbor behind us built an addition to the back of her home and a large outside entertaining area. Ever since she completed the additions, her …
Real Estate Q & A: Cities cannot stop homeowners’ short-term vacation rentals
Adam D. Martinez | Chairman of Real Estate Litigation Department Question: I recently purchased a beautiful vacation home in Sedona, Arizona. My family and I stayed at the home for a couple of weeks during the holidays and I was able to meet some of the other homeowners in the neighborhood. During one visit with a neighbor, I explained that …
Adam Martinez, Chairman of Rose Law Group Real Estate Litigation, to speak in Sedona on residential and commercial real estate topics
Adam Martinez, Chairman of Rose Law Group Real Estate Litigation, will speak to northern Arizona real estate professionals about residential and commercial real estate issues on Monday, January 23, in Sedona. Sponsors include Empire West Titles Agency and Sedona Luxury Real Estate Professionals. Some of the topics Adam will address include: Legal issues regarding real estate and financing agreements Legal issues regarding …
Real Estate Q & A: Can a landlocked property owner gain access?
Adam D. Martinez | Chairman of Real Estate Litigation Department Question: After my parents died, I inherited 40 acres of land in Northern Arizona. I recently had the property surveyed and discovered that that there is no access to the property without crossing over a neighboring property. The neighboring property has a locked gate preventing any access. I have made …
Real Estate Q & A: The mortgage debt relief act is dead, now what?
By Adam D. Martinez | Chairman of Real Estate Litigation Department Question: I read an article you wrote in 2010 about foreclosures and short sales. I work on a foreclosure defense project and I was wondering what will happen now that the Mortgage Debt Relief Act of has expired. Will borrowers have any other relief from mortgage debt forgiveness counting …
