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: 38 Answers
Q. My mom put $4100 down on a For Sale By Owner Property (based on a verbal contigency to sell her home first in 90 days).
A: Generally, if a person is entitled to a refund of funds based on a unfulfilled sale or contingency, and the person owing the funds will not voluntarily return the funds, the person entitled to the funds may need to file a lawsuit against the person owing the funds. In some cases, a legal demand letter may cause the person to voluntarily return the funds.
Q. What is needed to claim lawful interest in property that has been seized. The lien is mine they are still owing me
A: An secured creditor's interest in real property subject to seizure may be exempt. A secured creditor may usually file a claim to protect its interest with the Court conducting the proceedings.
Q. In AZ when a buyer purchases property "as is". Is it really '"as is"? They still have the opportunity to have an
A: It depends on the terms of the contract. Generally, however, most contracts in Arizona provide that even where a sale is "as is" the buyer is still entitled to conduct inspections and ask the seller to make repairs, even though the seller need not make any repairs, and may still cancel the contract without penalty during the inspection period. Additionally, even where a sale is designated "as is" the seller is usually obligated to maintain the property in the same condition until the close of escrow. Seller's interested in an "as is" transaction may need to modify the terms of their contract to meet their understanding of what "as is" means.
Q. Hello, my ex-boyfriend paid cash for a condo in Arizona. He put 90% in his name and 10% in my name.
A: In Arizona, absent an agreement to the contrary, where two owners of real property cannot agree on how to use the property, either of the owners may obtain a court order requiring that the property be sold and that any proceeds be divided among the owners according to their respective interests. As a practical matter, a divided interest is difficult to sell on the open market because buyers do not want to own property with another person.
Q. Our buyers decided to walk after loan was approved and going to docs. Do we have any kind of legal right to sue.
A: Generally, most Arizona real estate contracts state that a buyer's failure to close escrow after loan approval can be a breach of the contract. A seller in this situation usually is entitled to retain the buyer's earnest money deposit or pursue the buyer for its actual damages. A buyer is probably not liable for damages arising from the seller's inability to close on the seller's new home.
Q. If I suspect forgery on 2 seperate transfer of land actions that occurred in 1988, is it too late to take legal action?
A: A forged deed does not transfer title. Additionally, a deed in Arizona is required to be notarized.
Q. Can we transfer my moms property thru intestate succession to our names or is doing a small estate affidavit ? No will
A: Generally, in Arizona the heir or heirs entitled to a decedent's estate may transfer the decedent's interest in real property by an affidavit provided that: (1) at least six months have passed since the death; and (2) the assessed value of the real property, less liens and encumbrances, does not exceed $100,000.
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.