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Real Estate

Frazier Law PLLC provides counsel to clients on a wide array of construction, real estate, homeowners association (HOA), and property management matters, from commercial development projects to residential remodels and new builds. Our business attorneys approach each matter with a disciplined and tailored approach to advance clients’ interests.

Recognizing every real estate matter is unique, we craft each transaction, solution, or litigation strategy with precision and individualized attention to optimize the likelihood of achieving results that are practical and value added. Frazier Law PLLC offers an array of real estate-related services, including acquisitions and sales, boundary disputes, commercial and residential leasing, financing, ground-up construction and significant remodels, Homeowners Associations (HOA) and community associations, partition actions, project development, and short-term rentals.

Boundary & Easement Disputes

For our business and individual clients, real property purchases are among the most significant investments the clients will ever make. Unfortunately, boundary disputes can arise, including relating to adverse possession, easements, neighbor encroachments, placement of fences and walls, property improvements, and property lines. Frazier Law’s real estate attorneys have extensive experience helping clients throughout Arizona navigate these disputes, both via litigation and creative out-of-court solutions.

Construction

Contract Drafting And Negotiation

Frazier Law PLLC’s real estate attorneys provide negotiating, drafting, analysis, and enforcement services related to a range of real estate contract matters. We believe one of the best ways to avoid a costly dispute is to clearly define the parties’ relationship and obligations with a well drafted agreement. Spending the time, effort, and money to correctly drafting a contract on the front end can save many multiples of each down the line. This is why Frazier Law PLLC draws on our Scottdale-based business attorneys’ unique interdisciplinary business transactional and litigation backgrounds to analyze all angles of a real estate contract to ensure clients’ interests are properly protected. This sets us apart from transaction-only law firms by allowing our attorneys to evaluate and analyze which provisions will be most effective, or which pose the greatest danger, in potential future litigation.

Our real estate attorneys draft a wide range of contracts and agreements, including:

Lease documents (including lease agreements, lease assignments, lease amendments, lease guarantees, and subordination agreements)
Loan documents (including loan agreements, promissory notes, deeds of trust, guaranty agreements, commercial security agreements, loan modification agreements, forbearance agreements, consents to indebtedness, estoppel certificates, escrow instructions, etc.)
Purchase and Sale Agreements (including for residential and commercial properties)

Homeowners Association (HOA) and Condominium Association Law

If you are being threatened with a lawsuit; facing an onslaught of baseless, unforeseeable, or selectively enforced HOA rules; or unable to secure board of directors’ approval for your desired home improvement, you need to protect your rights and contact Frazier Law PLLC’s HOA attorneys. Unlike most HOA law firms in Arizona, which primarily represent HOAs and their boards of directors, Frazier Law PLLC represents homeowners throughout the state in the aforementioned and other HOA-related disputes. While we stand ready to pursue litigation or arbitration against an HOA, as necessary, we often work with clients to settle disputes before they escalate to that level.

There have been several notable Arizona court cases in recent years that bare significantly on HOA governance, including most notably Kalway v. Calabria Ranch HOA LLC et al., which calls into question whether HOAs are lawfully able to enact and enforce certain amendments to their covenants, conditions, and restrictions (“CC&Rs). The Court’s opinion makes clear that CC&R amendments that impose “affirmative obligations” which create new restrictions on use must be (1) reasonable and (2) foreseeable to be enforceable. Put simply, the ruling means HOAs cannot amend CC&Rs to create a new obligation without the original CC&R providing notice that owners may be subject to the new obligation. Because the ruling is retroactive in nature, HOAs also cannot enforce already existing amendments that violate the Court’s standard. The Court’s ruling is significant because HOA’s frequently enact amendments to their CC&Rs and thereafter enforce those amendments under a presumption of validity.

This holding raises many questions, including regarding the enforceability of growingly popular short-term rental prohibitions. Accordingly, we recommend consulting with a knowledgeable attorney with respect to your CC&R related rights and obligations – whether you are a homeowner looking to challenge a CC&R amendment or an HOA board considering the adoption or enforcement of an amendment.

Leasing

Our business attorneys recognize the ability to quickly negotiate and execute leases and other deal contracts can mean the difference between success and failure. Our clients include commercial landlords, restaurants, retailers, office tenants, and property managers. Clients choose to work with Frazier Law PLLC because they know we negotiate fair leases that add value to their business operations. Our representation of both commercial landlords and tenants gives us unique perspectives on the lease negotiation process, as well as insights into the latest issues and trends facing space users and owners.

Partition Actions

If you co-own real property and want to sell it, but one or more of the other owners disagrees, a partition action under Arizona statute can be a useful tool in ensuring your property is sold and you are equitably compensated. In a partition action, the Court can divided (i.e., partition) the real property by ordering that it be sold, with the net proceeds distributed to the owners in proportion to their individual ownership interests, subject to potential credits for real property-related expenditures. Frazier Law’s Scottsdale-based real estate attorneys are well-versed in the processes and remedies available under the Arizona partition statutes, and have helped numerous clients navigate this process.

Testimonials & Notable Results

Read about our notable Real Estate results, and what our clients have to say about our services.

1. Litigation & Alternative Dispute Resolution

Commercial Landowner & Restaurant Operator – Navigated client’s dispute with neighboring property owner’s children over easement rights and obligations that had been contested for nearly 30 years, resulting in the neighbor recognizing the client’s easement, avoidance of litigation, and the neighbor’s agreement to terminate violative actions.
Landowner – Led strategy and drafting of statutorily required Notice of Claim, Complaint, and settlement negotiations and communications in rural irrigation and water use practices actions against state entity seeking $1,000,000+ in damages and implicating trespass, private nuisance, inverse eminent domain, and related causes of action. Matter ongoing.
50% Landowner – Led defense of client in residential real estate partition action, prosecution of equitable contribution counterclaim against co-50% owner to increase settlement leverage, and negotiation of client’s buyout of the other owner’s 50% interest in the property assuming a property value $100,000 under market.

2. Transactional – Commercial

Hobbyist Company – Negotiated and drafted nearly $2,000,000 Lease to Purchase Agreement for client’s primary office space. Contractual protections during inspection period provided client ~ $50,000 in additional value in the form of property owner’s agreement to cover roof repairs and HVAC unit replacements prior to triggering of purchase obligation under Lease to Purchase Agreement. Negotiated and drafted Amendment to Lease to Purchase Agreement to confirm property owner’s aforementioned obligation.
Real Estate Brokerage – Negotiated and documented leases for three office spaces with beneficial terms. Advised client on breaking one of the leases due to a change in growth plans, with no adverse consequences.
Bar Business – Negotiated beneficial 10-year lease extension at 15% under market rental value with significant beneficial revisions to pre-existing commercial lease despite the underlying lease requiring 5-year renewal terms with all terms staying the same as the pre-existing lease other than the base rent and NNN costs.

3. Transactional – Residential

Successor Trustee/Landowner – Avoided threatened imminent litigation for ~$500,000 in damages related to the parties’ agreement in principle to sell a unique piece of residential real estate and the potential plaintiff having spent hundreds of thousands of dollars in furtherance of said agreement. Negotiated and documented as-is, where-is sale of subject real property, well rights, and select related business assets for approximately $250,000 more than the opposing party’s argued enforceable contract purchase price.
Two 25% Landowners – Led negotiation and documentation of sale of two 25% interests in residential property to third party partial owner.
50% Landowner – Led negotiation and documentation of client’s purchase of fellow-owner’s 50% interest in residential real property assuming property price six figures under market value.
Multiple Clients – led negotiation and documentation of commercial lease agreements with beneficial terms.

4. HOA and Condominium Association Law

Homeowner – Successfully challenged legality of CC&Rs amendment that categorically prohibited short-term rentals. HOA admitted unenforceability of amendment, noticed association of same, and recorded a notice regarding same with the Maricopa County Recorder’s Office.
Declarant/Majority Property Owner – Represented Declarant and majority property owner in challenge by numerous property owners in community to remove Declarant and secure payment of six figures in required HOA improvement costs. Secured dismissal of all claims and an award of attorneys’ fees and costs under A.R.S § 12-349 sanction statute.
Homeowners – Advised homeowners on appeal from prominent HOA Architectural Committee’s denial of primary paint color application to HOA Board of Directors. Upon the HOA Board of Directors’ unanimous denial of the client’s appeal, crafted a demand letter threatening litigation to HOA’s counsel, after which the HOA Board of Directors granted a variance granting the paint application and retroactively repealing the fines assessed for alleged noncompliance.
Homeowners – Successfully advocated to HOA Board of Directors on behalf of clients for the construction of a fence around the common area pool and purchase of additional insurance coverage for pool-related incidences.

* Some of the representations summarized here were handled by Frazier Law team members prior to joining Frazier Law, PLLC.

Private Individual

"Grant was very Knowledgeable and Extremely helpful. His review and research, pertaining to my case, was very detailed and provided me with the confidence that I needed to proceed. The business/legal relationship that we shared was very professional, and he always kept me on track throughout my negotiation/settlement process...Thanks Grant"

Small Business/Private Individual

"What can I say? Grant Frazier is an awesome Attorney! He took what was, and would of continue to be, a very stressful legal situation for me and he made it almost easy. Halfway thru the process I contacted and thanked the friend who recommended Grant! He skillfully guided me thru it all, painlessly and easily, helping me bring a difficult matter to a practical, reasonable, satisfactory conclusion. I would, without hesitation, use him for any of his fields of expertise or trust he would direct me where I need to go. Cheers! John"

Private Individual

"Grant assisted with a conflict with an HOA, and leveraged recent court decisions and expertise to solve the conflict in my favor. Thoroughly detailed, incredibly well-versed on case law, and an overall advocate."

* Some of the testimonials included here relate to matters handled by Frazier Law team members prior to joining Frazier Law, PLLC.