Lawyers are typically not utilized in purchasing a home in Arizona. Instead, under Article 26, ‘ 1, of the Arizona State Constitution (adopted overwhelmingly by Arizona voters in the 1960’s) real estate licensees have the authority to represent sellers and buyers in real estate transactions, including the sale and purchase of a home.
The language of Article 26, ‘1, and subsequent judicial decisions show that this constitutional provision basically authorizes real estate licensees to engage in a limited law practice involving real property transactions. Olson v. Neale, 116 Ariz. 522, 525, 570 P.2d 209 (App. 1977).
This constitutional provision, however, imposes a duty upon real estate licensees to understand the legal consequences of
the documents that they draft and to inform and advise their clients competently. Morley v. J. Pagel
Realty & Insurance, 27 Ariz. App. 62, 550 P.2d 1104 (1976). In other words, if real estate licensees can
practice real estate law in Arizona, they will be held to the same standard of care as an Arizona real
estate lawyer. And, as I always remind real estate licensees, inasmuch as they can practice real estate
law in Arizona, they shouldn’t laugh so loud at attorney jokes
Christopher A. Combs, Esq.
2200 E. Suite 221 Camelback Road
Phoenix, AZ 85016
T: (602) 957-9810
F: (602) 955-4712
Email:Â [email protected]
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