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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12554
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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We purchased 6 parcels of vacant land next to each other located

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We purchased 6 parcels of vacant land next to each other located in Arizona, in Maricopa County in 2000. We put it up for sale in 2012 and it did not sell. We were then contacted via mail by a real-estate agent Joseph D. Liberty at Liberty Southwest Realty LLC who said that by law we could not sell the individual parcels separately, that it had to be sold as a whole plot or that we would have to provide a "subdivision public report" which would be very expensive and time consuming to produce. He further stated that if sold separately we could be fined up to $10,000 per parcel and the transaction would be rescinded. He Quoted A.R.S 32-2101(54).
The person we purchased the land from who was selling multiple parcels at the time told me we could sell it individually or as a whole because they were separate parcels. Also, we have talked to other real-estate agents such as Jerry Rolland at Century 21 who said that he has not heard of such a thing. We also spoke to Madeline Wilson at maricopa county assessors office who told us we could sell it individually because they were separate parcels. We are not sure what to believe.

Who is correct?
How should we go about selling the property?
Are there repercussions to selling the parcels individually?

Any information you can give us relating to the sale of our property would be appreciated. Thank you,


Hi, My name is XXXXX XXXXX my goal is to provide you with Correct Answers,



Did the Liberty Southwest man ask you to list your properties with him ?

Customer: replied 3 years ago.

Yes he did.

Hi, Eric, Thank you for your additional information,

I figured that it had to be something like that. Either Mr. Liberty did not know what he was talking about, or wanted to scare you into listing your lots for sale with his real estate office because the section which he referred to, Arizona Revised Statutes Section 32-2101(54), says absolutely nothing of what he was trying to convince you of. That entire section, Arizona Revised Statutes Section 32-2101 is nothing but definitions and subsection 54 specifically states the following,



32-2101. Definitions


In this chapter, unless the context otherwise requires:



54. "Stock cooperative" means a corporation to which all of the following apply:


(a) The corporation is formed or used to hold title to improved real property in fee simple or for a term of years.


(b) All or substantially all of the shareholders of the corporation each receive a right of exclusive occupancy in a portion of the real property to which the corporation holds title.


(c) The right of occupancy may only be transferred with the concurrent transfer of the shares of stock in the corporation held by the person having the right of occupancy.





Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,


Bonus and Positive Feedback on survey is very much appreciated,



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Customer: replied 3 years ago.



I looked at the statute and found that what Mr. Liberty quoted was subsection 55. He mislabeled the resource as (54). This is where he said that we were subdividers. as subdividers we were not able to sell the lots individually if we own 6 or more parcels. We do own 6 parcels of 5acres each which we purchased back in the year 2000 as 6 individual parcels. Does this have any validity? I have included the subsection below. Thanks again for your help.


55. "Subdivider" means any person who offers for sale or lease six or more lots, parcels or fractional interests in a subdivision or who causes land to be subdivided into a subdivision for the subdivider or for others, or who undertakes to develop a subdivision, but does not include a public agency or officer authorized by law to create subdivisions.

Hi, Eric,


I had read section 55 when I was researching your question and I interpreted that to mean someone who was actually subdividing the parcels for sale. Apparently, that must be the interpretation given to it by the Maricopa County Assessor's Office which told you that there was no prohibition against selling the parcels. In order to be on the safe side, I would offer less than the 6 parcels for sale at any one time, then if section 55 is applicable, you would not be subject to any penalty because you will be offering less than 6 lots for sale,






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