Martinez Law, P.L.C.
About Adam MartinezAdam D. Martinez is a real estate attorney and founder of Martinez Law, P.L.C., a boutique real estate law firm. Adam is an experienced litigator and handles all types of real estate issues, including foreclosures, deficiency defense, easement and property use disputes, residential and commercial landlord and tenant disputes, business and partnership disputes, contract disputes, and broker/agent disputes. Adam handles all aspects of appealing cases involving real estate issues, and has argued before the Arizona Court of Appeals. In addition to handling lawsuits, Adam structures and facilitates real estate and business transactions. Adam's litigation experience provides valuable insight into structuring a transaction or developing a strategy to resolve a legal dispute, whether before or during a lawsuit, or in mediation or arbitration. Adam regularly speaks and writes on real estate legal issues. His writings can be found in various publications including, the Arizona Real Estate Law Journal, the Arizona Attorney Magazine, and the Arizona Association of REALTORS® (AAR) REALTOR® Digest. Adam is one of the former AAR Legal Hotline attorneys, and has provided hundreds of hours answering real estate law and preventative maintenance questions to designated members of the AAR. Adam is also a mediator and arbitrator for the AAR Dispute Resolution System. In addition to his legal practice, Adam is also certified by the Arizona Department of Real Estate to teach classes in foreclosures, short sales, and mortgage deficiencies, agency, disclosure, contracts, commissioners standards, and fair housing. Adam obtained his Juris Doctorate at the Sandra Day O'Connor College of Law at Arizona State University, where he focused his legal education in real estate. During law school, Adam externed at the City of Mesa Attorney's Office, where he worked primarily on real estate development cases involving condemnation and annexation.
- Real Estate Law
- Estate Planning
- Landlord Tenant
- Foreclosure Defense
- Business Law
- Appeals & Appellate
- Credit Cards Accepted
Jurisdictions Admitted to Practice
|Real Estate Lawyer, Martinez Law, P.L.C.|
|Real Estate Attorney, Combs Law Group, P.C.|
|Owner / Instructor, Combs School of Real Estate, LLC|
|Sandra Day O'Connor College of Law - Arizona State University||J.D.|
|Real Estate Lawyer, State Bar of Arizona|
- Overall: 31 Answers
- This Year: 16 Answers
Q. Spouse is illegal resident can we still purchase a home?
A: Yes. There is no requirement in Arizona that requires parties to be legal residents in order to purchase a home. However, if you are applying for a loan to purchase the property, then the lender may impose certain conditions before extending a loan. If you do not understand your mortgage representatives explanation of your lender's requirements, you may want to seek explanations from other mortgage brokers or agents.
Q. Can the selling real estate agent collect commission as seller and buyer?
A: Generally, an agent which acts as the agent for both seller and buyer (sometimes referred to as "dual agency") may receive compensation for acting as both seller and buyer. However, an agent who is a party to a contract may generally not represent the other party, even though they may still be able to receive a portion of the commission.
Q. When is a Seller's Property Disclosure required by law?
A: Under Arizona law, a seller is required to disclose any material issue concerning the property or that may affect a buyer's decision to purchase the property (with a few exceptions). Some written contracts provide for the use of a specific form that a seller may use to disclose such issues to a buyer (such as a Seller's Property Disclosure Statement). However, unless required by the terms of a specific contract, such a form is not mandatory, as long as the seller complies with its legal duty to disclose all material issues.
Q. Can one spose bind marrital community for real estate purchase single family dwelling
A: Generally, both spouses must sign a contract for real property in order to bind the marital community to the terms of the contract. This does not necessarily mean that a purchaser may not have a cause of action against the spouse who does sign the contract in the event of a breach. It also does not mean that a home acquired through a contract signed by only one spouse necessarily belongs only to that spouse. Therefore, you should consult legal counsel to determine the nature and extent of any community obligation.
Q. What is the difference between a rental agreement and a lease in Arizona.thank you
A: A lease is a rental agreement.
Q. My daughter and I bought a home together. She pays the mortgage and taxes. my name is 1st on the deed. can she claim th
A: The order of names on a deed does not affect the rights and obligations of owners of real property. There are a number of issues that arise where parties share in the maintenance and ownership of real property, particularly where there is no written agreement governing the rights and responsibilities of the parties, and where only one party is named on the mortgage. You should consult with legal counsel to determine your rights and obligations.
Q. We surveyed our lot & our property line is right up against neighbors covered patio az room. I want to put up fence.
A: Generally, an owner of property may exclude another's access to the property. While not required, an owner may grant an easement or license to another to use the property and describe the terms and limitations of such use. There are some uses of property by a non-owner that if not expressly permitted or prevented may, over time, lead to a legal right to access the property. If this is a concern, you should meet with a real estate attorney to determine what can be done to address or prevent such a result.
Q. When two peploe share property and one leves for two years is that consider abandment?
A: Not necessarily. Generally, an owner of real property is not required to reside in the property for any particular period of time. Leaving the property may, however, have certain consequences depending on any existing agreements between the co-owners or depending on whether the real property requires maintenance or produces income.
Q. I have shared easement (driveway) with my neighbor, they want to blacktop our shared drive way, i don,t see a need.
A: The written grant of easement should govern the rights and responsibilities of the driveway between you and your neighbor. Absent specific terms in a written grant of easement, users of an easement generally have a pro-rata responsibility to maintain the easement. The question of whether a particular act constitutes maintenance of an easement or causes interference or damages to another party requires additional facts.