In the hot and arid Arizona climate, fires are always a risk and numerous buildings are burned down each year. Electrical malfunctions, explosive accidents, sabotage, smoking and forgotten candles are just a few causes of serious fires. It therefore comes as no surprise that steel structures have grown highly popular in Arizona. The content of a steel building, e.g. furniture, carpets and drapes, can naturally still catch fire, but a fire-proof steel structure can prevent the fire from spreading to nearby rooms and buildings. With a steel structure, it is much easier to keep a fire under control until the fire fighters arrive. A fire that breaks out in a garage where a lot of gasoline filled equipment is found will for instance be much easier to contain if the garage is a durable steel building instead of a building constructed from less fire-proof materials. A metal building can be the difference between an awful, but manageable fire, and a fire that spreads to the main residence and causes severe injury or even fatalities.

A steel building is also an excellent way of getting peace of mind from malicious pets, such as bees and termites. In Arizona, you can for instance find the dreaded valley carpenter bee. These bees live in the valley and lower foothills of Arizona and nearby California and can cause severe destruction on wooden buildings. The valley carpenter bee will chew dead wood in order to create a nest inside wooden parts of a structure. To make it even worse, woodpeckers love to eat bees and will peck the wood apart to get to the nest. The combination of valley carpenter bees and hungry woodpeckers can naturally be disastrous, and opting for a steel building is therefore an excellent decision in Arizona and California.

General principles of Arizona contract law simply require the existence of an offer, acceptance, consideration, and sufficient specificity of the terms in order to have an enforceable contract. This is true whether or not the parties write out the terms and/or sign a written document. This is not the case when the contract concerns the sale of real property. There, the Statute of Frauds as codified in Arizona (ARS 44-101(6)) demands that contracts for the sale of real property be written and signed in order to be enforceable.

It is important to note, however, that the Arizona courts have consistently held that only the signature of the “party to be charged” is required. In other words, the contract must be signed by the party against whom enforcement is sought but does not necessarily have to be signed by the charging party. For example, a seller of real estate who never signed the sales contract may successfully maintain an action against a buyer who did sign the contract.

The parties to an Arizona real estate contract should also remember that any amendments to the contract must also be written and signed to be enforceable. Because of the requirements of the Statute of Frauds, parties buying or selling real estate in Arizona are advised to demand written confirmation of all the terms and conditions of the real estate transaction. Frequently, agents and brokers may make representations and assurances to buyers and sellers and suggest that a written modification is unnecessary. Buyers and sellers should avoid the temptation to rely upon such assurances and ensure that all important matters are reduced to writing and signed by the other party.

Unfortunately, many Arizona real estate contracts are not written and/or signed and one or more parties find themselves with a need to seek relief from another party. If you find yourself facing such a situation you should consult with an experienced Arizona real estate lawyer as soon as possible to determine whether an exception to the Statute of Frauds might apply, or if some other legal recourse is available.