How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Andrea, Esq. Your Own Question

Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11523
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
Type Your Real Estate Law Question Here...
Andrea, Esq. is online now
A new question is answered every 9 seconds

We purchased 6 parcels of vacant land next to each other located

Resolved Question:

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 He further stated that if sold separately we could be fined up to $10,000 per parcel and the transaction would be rescinded.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,

Eric
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 1 year ago.

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 1 year ago.

Yes he did.

Expert:  Andrea, Esq. replied 1 year ago.

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,

 

ANDREA

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11523
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
Andrea, Esq. and 6 other Real Estate Law Specialists are ready to help you
Customer: replied 12 months ago.

Andrea,


 


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.

Expert:  Andrea, Esq. replied 12 months ago.

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,

 

ANDREA

 

 

 

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11523
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
Andrea, Esq. and 6 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.