Real estate disputes are, by definition, complicated, time consuming and usually involve a significant amount of money, for instance, your home or your business property.
If you or your business is embroiled in a real estate conflict, your choice of legal representation can have a big impact on its outcome. Michael D. Miller has successfully fought for his clients in court and in negotiations concerning a wide range of real estate cases.
The list of potential problems in the real estate field is endless:
- Do you have problems with your neighbors?
- Is your property or your neighbor's property encroaching on other's land?
- Has the HOA wrongfully approved a construction project for your neighbor which blocks your view?
- Is your home under contract for sale and has the buyer or seller refused to close?
- Did the real estate agent fail to include a contingency in your purchase contract for the sale of your home?
- Have you thoroughly reviewed the Arizona Real Estate contract?
- Do you know what an SPDS is or a Binzr?
- Is the house that you paid thousands of dollars for cracking and settling?
- Did you get the soils report?
Common sense is helpful generally but in the real estate arena it is all about the contract and what it requires. Michael's familiarity with the ins and outs of the real estate statutes and the purchase contracts will be a huge benefit to your case.
What Michael can do for you
Michael's goals are to minimize delays in resolving the dispute and to use negotiation, mediation or, if necessary, court litigation in order to resolve such legal issues. Emotions run high in these types of cases and oftentimes it is faster to get this matter into court and before a Judge for resolution rather than endlessly arguing with opposing counsel or party. Each case is different with its own set of problems. Michael works to identify the problems and, if possible, suggests alternate ways of resolution or litigates the issues if alternative resolution is not possible
Real estate issues Michael has negotiated and litigated
- Assistance in drafting purchase contracts, escrow instructions, closings, Preliminary Title Report reviews, recorded easements and appearance at closings
- CC&R Reviews; Architectural and Landscape Guidelines; special assessments by the HOA; HOA liens; notices of infractions; HOA refusal to approve building plans or landscaping
- Disputes with the HOA; HOA compliance with Planned Community Addendum; disclosure of HOA documents by HOA or the seller; compliance with disclosure
- Adverse possession claims
- Boundary line disputes and encroachment issues; neighbor altercations over encroachments or boundary line locations; survey issues versus title issues
- Breach of real estate purchase contract; determining completion of contingencies in the purchase contract; Notice to Cure issues in the purchase contract both as to buyer and seller
- Failure to close on a purchase contract as to both Defendant and Plaintiff issues
- Construction disputes and Registrar of Contractors (ROC) complaints; Corrective Work Orders; appearance before the Administrative Law Judge
- Dual agency and other fiduciary relationship issues concerning real estate brokers and sales agents
- Escrow disputes and escrow instructions. Examination of closing statements, drafting of escrow instructions
- Fraud and misrepresentation involving inaccurate or incomplete Seller's Property Disclosure Statements (SPDS) including undisclosed documents such as repair invoices, soils reports, mold, water damage or encroachments and the existence of easements or rights-of-way
- Insurance disputes. Property damage losses
- Real estate broker commission disputes
- Residential lease disputes. Options to purchase property
- Title defects. Non-disclosure; rescission of contract; money damages for breach
- Trespass. Neighbor disputes involving encroachment or damages to structure or property