Arizona Real Estate

Although many issues are associated with real estate law in Arizona, the following may be of particular importance:


A person’s interest in real property can be either: possessory or future, i.e. they may have a right to enjoy and use the land currently or in the future.  This right is called an “estate”.


In Arizona, title to real property can exist in various forms, including but not limited to: (1) joint tenancy, (2) tenancy in common, or (3) community property with right of survivorship.


A person’s or company’s right to occupy land that they do not own is called a leasehold. In general, the term of a leasehold estate can vary significantly and can be either: (1) a term of years, (2) a periodic tenancy, (3) a tenancy at will, or (4) a tenancy at sufferance. In Arizona, leaseholds for residential property are governed by Arizona’s Residential Landlord Tenant Act.

Land Use

The use of real property can be limited through various legal controls, including but not limited to: (1) zoning law, (2) nuisance law, (3) easement law, or (4) eminent domain.

Limited Liability Entitles

The limited liability entity, or lack thereof, through which title to real property is held can significantly reduce the liability exposure of the real property’s owners. While there are various types of limited liability entities that are used to own real property in Arizona, the following are often used to do so: (1) limited liability company or “LLC”, (2) revocable trust, (3) irrevocable trust, or (4) corporation.


In Arizona, a transfer of real property generally occurs via any one of various types of deeds, including but not limited to a: (1) warranty deed, (2) special warranty deed, or (3) beneficiary deed.

This brief overview of some important considerations associated with Arizona's Transaction Privilege Tax is by no means comprehensive. Always seek the advice of a competent professional when making important financial and legal decisions.


Upon advance notice, we are available to meet clients at offices located in two cities: Mesa, AZ and Phoenix, AZ

Our Mesa, AZ office is our primary office where we generally meet with clients and perform work. Our Phoenix, AZ office is for the convenience of our clients and is staffed only as needed.

Mesa, AZ Office

Our Mesa, Arizona office is in the heart of downtown Mesa. It is located one block north of Main and Center Streets on Pepper Place, at 40 N. Center St. #110, Mesa, AZ 85201.

Phoenix, AZ Office

Our Phoenix, Arizona office is in the Camelback area of Phoenix, AZ. It is located on Camelback Road just off the Piestewa Freeway (AZ-51), at 2375 E. Camelback Road, Suite 600, Phoenix, Arizona, 85016.

Arizona Real Estate AttorneyDouglas K Cook is an Arizona real estate lawyer with over 40 years of experience as a practicing attorney. Although Douglas K Cook's main office is located in Mesa, Arizona, he represents clients throughout the Phoenix, Arizona Metropolitan area including the following east valley cities: Scottsdale, Paradise Valley, Tempe, Chandler, & Gilbert.

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Arizona Warranty Deed

A warranty deed, or general warranty deed, is a document in which the grantor or seller guarantees that he/she holds good title to a piece of real property and has a right to sell it to the grantee or buyer. The guarantee and warranty is not limited to the period for which the grantor owns the property; rather, it covers all prior periods of time.

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Arizona Beneficiary Deed

An Arizona beneficiary deed is special type of deed permitted via statute in Arizona, A.R.S. § 33-405, that becomes active upon the death of the grantor.

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Arizona Quit Claim Deed

An Arizona quitclaim deed is a document that meets the requirements set forth in A.R.S. § 33-401 & A.R.S. § 33-402.

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Arizona Affidavit of Legal Value & Exemptions

Section 1133 of Title 11 of Arizona's Statutes imposes the following requirements upon deeds associated with real property in Arizona,

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