Real Property Transactions in Arizona are Not Automatically Contingent on Review by a Licensed Attorney
The buyer and seller entered into an Arizona REALTORS® Residential Resale Purchase Contract for a single-family residence. After the inspection period, the buyer “cancelled” the contract based on a review by her attorney. The buyer and her attorney claim that all real property contracts in Arizona are contingent on a review by a licensed attorney. They, therefore, assert the buyer has the legal right to cancel.
Are real property transactions in Arizona contingent on a review by a licensed attorney?
Arizona courts enforce contracts according to their plain meaning. United Cal. Bank v. Prudential Ins. Co. 140 Ariz. 238, 259, 681 P. 2d 390, 411 (App. 1983). Thus, if the buyer wants to make the contract contingent on a review by an attorney, language allowing that contractual right must be included in the contract. Absent such language, a real property contract is not contingent on a review by a licensed attorney.