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General principles of contract law Arizona simply the existence of an offer, acceptance, testing, and a sufficient specificity of the concepts to an enforceable contract. This is true regardless of whether the parties to write the conditions and / or sign a written document.

This is not the case, if the contract concerns the sale of real estate. It is the statute of fraud is codified in Arizona (ARS 44-101 (6)) requires that contracts for the sale of properties to write and sign to be enforceable.

It is important to note that the Arizona law is settled that only the signature of the "party to be" "is required. In other words, the contract must be signed by the party against whom enforcement is sought, but not necessarily by the charging party. For example, a seller of property that is not signed purchase contract in May successfully bring an action against a buyer who has the contract.

The parties to an Arizona real estate contract should also not forget that any change to the contract must be written and signed enforceable. Due to the requirements of the statutes of fraud, parties buying or selling real estate in Arizona demand is recommended that a written confirmation of all terms and conditions of the real estate transaction. Often, agents and brokers can be representations and warranties for buyers and sellers, and indicate that a written amendment is not necessary. Buyers and sellers should, therefore, the temptation to rely on such assurances, and to ensure that all important questions to be made in writing and accepted by the other party.

Unfortunately, many Arizona real estate are not written and / or signed and one or more parties with a need for deliverance from another party. When you have such a situation you should consult with an experienced Arizona real estate attorney as soon as possible to determine whether an exception to the statutes of fraud can be applied, or if other remedies are available.

Kevin R. Harper is an Arizona real estate and business services, litigation attorney, to individuals and small businesses throughout the state of Arizona from his centrally located office at 1 N. Central Ave., Suite 1130, in downtown Phoenix.

For more information on Arizona Real Estate Law, feel free to contact Harper Law PLC at 602-738-2090, or visit the company online at http://www.HarperLawArizona.com

Copyright 2008 Harper Law PLC, all rights reserved.

The above article is for informational purposes only and, because each situation is different, is not as definitive legal advice. You should not act on this information without independent legal advice regarding your individual situation.