Legal Question in Real Estate Law in Arizona

My mother passed away a few years ago and left me a large sum of money. To make a long story short I was under a lot of pressure and invested 30 grand into propertys with my landlord who also does real estate. That was back in 2006 and I haven't gotten a return on my investment or seen any money. Any time I ask him about it he says not to worry and its a long process, but I would just like to know what's going on with my propertys and what my options are in the futute. I do have a written contract with him that should be legally binding. I would like to know what would be the best way for me to go about handiling this situation. Thank you.


Asked on 2/24/10, 10:33 pm

3 Answers from Attorneys

Gloria Meyer Meyer Law Office

Are the properties bringing in income or just sitting vacant? I suggest that you take your contract to an attorney and have it reviewed. You might be entitled to some income, or alternatively, to the return of your money if the contract is not valid.

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Answered on 3/02/10, 6:27 am
Lance Davidson Lance S. Davidson, P.C.

Hi, sorry for your difficulties but you should immediately see an attorney. Even if you didn't have a contract, your investing with your landlord entitles you to fair dealing. What you have described is not. At a minimum, you should be receiving an annual accounting, copies of deeds, etc. Your landlord may or may not have defrauded you of the money, but until you assert your rights with proper counsel, your described scenario will likely continue, to your detriment.

Please contact my office via my website at www.CleverLegal.com to discuss your options. Your issue may be time-sensitive and may result in loss of rights if you do not act in time. Thank you.

Disclaimer: This answer does not create an attorney-client relationship and is for informational purposes only. It is not, nor is it intended to be, legal advice and you should not rely upon it as more specificity in a consultation may reveal facts or other information which could change the result. You should consult an attorney for legal advice addressed to your individual situation.

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Answered on 3/02/10, 6:34 am
Donald Scher Donald T. Scher & Associates, P.C.

The circumstances and history that you describe does not sound like your landlord is treating you honestly or fairly. It does not sound like you have any idea where your money was invested, if it was invested in one or more specific parcels of property or in a residential property. Your landlord may have simply taken your money, put it in his account and purchased real estate without you having any record of ownership.

You have not stated what "written contract" you have with this person or what that agreement provides, and since you have not received any information for 4 years, it is imperative that you take action immediately, and you would be best advised to obtain legal counsel to represent you.

You need to obtain an accounting/a report of exactly what the landlord did with your money and proof thereof. You need to determine what your legal relationship is with the landlord, are you a partner? are you a creditor? You need to determine your legal rights and find out what you can do to get your money back, as well as interest or profit.

Donald T. Scher, Esq.

Disclaimer: This answer does not create an attorney-client relationship and is for informational purposes only. It is not, nor is it intended to be, legal advice and you should not rely upon it as more specificity in a consultation may reveal facts or other information which could change the result. You should consult an attorney for legal advice addressed to your individual situation.

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Answered on 3/02/10, 9:44 am


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