Expert Tips by Christopher A. Combs for “Finding the Uncommon Deal”

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: [email protected]





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