Breach of Contract

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Favour & Wilhelmsen, PLLC has been an integral part of the Prescott area legal community for over 45 years. You can expect exceptional legal representation from the initial consultation through the resolution of every matter.

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Breach of Real Estate Contract Attorney in Prescott, AZ

Buying or selling real estate is one of the biggest financial transactions most people ever make. When one party fails to follow through on their obligations, it can lead to significant losses, delays, and frustration. At Favour & Wilhelmsen, PLLC, attorney David K. Wilhelmsen represents clients throughout Prescott, Yavapai County, and Northern Arizona in all types of real estate contract disputes — from failed closings to misrepresentation and non-payment issues.

Understanding Breach of Real Estate Contract

A breach of contract occurs when one party doesn’t honor their part of a legally binding agreement. In real estate, breaches can occur before, during, or even after closing. Common scenarios include:

  • Failing to close on the sale or purchase of a property.
  • Refusing to deliver clear title or necessary documents.
  • Backing out of a purchase agreement without legal justification.
  • Misrepresenting property condition, boundaries, or defects.
  • Violating lease or option agreement terms.

Real estate contracts often include deadlines, contingencies, and conditions. Missing or ignoring them can trigger serious legal and financial consequences.

Arizona Law on Real Estate Contract Disputes

Most real estate contract disputes in Arizona are governed by A.R.S. § 12-548, which provides a six-year statute of limitations for written contracts. Claims may involve breach of purchase agreements, escrow instructions, lease terms, or construction-related contracts.
Arizona courts often consider whether a party acted in good faith, met contractual deadlines, and complied with contingency provisions. Understanding these nuances can make the difference between winning and losing a case.

Did You Know?

Many real estate contracts in Arizona require written notice of default before a party can claim breach. Failing to send that notice on time can weaken your case — or even prevent recovery.

Is This a Breach of Contract?

  • The buyer missed the closing date without notice.
  • The seller accepted another offer after signing.
  • The property condition was misrepresented or not disclosed.
  • Earnest money wasn’t refunded when required.
If any of these situations sound familiar, you may have a valid breach of contract claim under Arizona law.
Buyer Breach Seller Breach
Fails to close or secure financing Refuses to deliver title or documents
Withdraws after contingencies expire Misrepresents property condition
Doesn’t pay earnest money Sells to another buyer mid-contract

What to Do If You Suspect a Breach of Contract

Real estate contracts can unravel quickly when one party fails to meet their obligations. If you believe the other side has breached your agreement, it’s important to act promptly and carefully. Taking the right steps early — and avoiding hasty decisions — can protect your legal rights, strengthen your position, and often prevent a dispute from escalating into costly litigation.

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Review the contract carefully

Note deadlines, contingencies, and notice requirements.

Document everything

Save emails, texts, and written correspondence.

Don’t take action without legal advice

Canceling or re-listing prematurely may violate your contract.

Contact an attorney early

Quick action can preserve your rights and strengthen your claim.

Common Challenges Clients Face

Clients frequently seek legal help when they:
  • Lose a deposit or earnest money due to the other party’s nonperformance.
  • Encounter unresponsive sellers or buyers after a binding agreement.
  • Discover title defects, easement issues, or undisclosed property damage.
  • Face last-minute contract terminations that jeopardize financing or closings.
  • Need to enforce or defend against a claim for specific performance or damages.
Disputes like these require quick, informed action to preserve your rights and prevent escalation.

Myth-Busting: Breach of Real Estate Contract Misconceptions

“If a buyer backs out, I automatically get their earnest money.”

Not always — entitlement to earnest money depends on contract terms and whether contingencies were properly completed.

“A verbal agreement is enough if everyone agreed.”

Arizona’s Statute of Frauds requires real estate contracts to be in writing in order to be enforceable.

“I can just relist the property and move on.”

Doing so without properly terminating the existing contract could expose you to additional liability.

“If I didn’t mean to break the contract, I can’t be held responsible.”

Intent isn’t required — failure to perform, even accidentally, can still constitute a breach.

“Litigation always takes years.”

Many real estate disputes are resolved through negotiation or summary judgment well before trial.

How David K. Wilhelmsen Can Help

With over four decades of Arizona real estate experience and certified as a Real Estate Law Specialist, David K. Wilhelmsen provides practical, results-oriented representation in breach of contract cases.

Detailed Contract Review

He examines every clause, timeline, and contingency to pinpoint the breach and determine your strongest legal position.

Demand & Negotiation Strategy

Many disputes can be resolved through well-crafted demand letters or mediation, avoiding costly litigation.

Litigation When Necessary

If the opposing party refuses to comply, Mr. Wilhelmsen is fully prepared to pursue or defend claims in Yavapai County courts.

Experience in Complex Real Estate Matters

As a Certified Real Estate Specialist, Mr. Wilhelmsen’s deep understanding of property law ensures your case is built on solid legal ground.

Clear Communication

You’ll receive straightforward explanations and realistic expectations throughout the process.

FAQ: Breach of Contract in Arizona

You may recover monetary damages for financial losses or, in some cases, ask the court to enforce the contract (specific performance).

Under A.R.S. § 12-548, most written contract claims must be filed within six years of the breach. Acting promptly preserves your evidence and legal options.

Possibly. If the other party’s actions caused the delay or violated contract terms, you may have a valid claim.

Courts consider each side’s conduct. Comparative fault may affect damages so clear documentation is essential.

Some real estate contracts require mediation or arbitration before filing suit.  Reviewing your contract terms is the first step.

Advanced Certification

David K. Wilhelmsen received his certification as a Real Estate Law Specialist from the Arizona Board of Legal Specialization of the Arizona State Bar in 1991 for demonstrating advanced knowledge, skill and understanding in the practice of real estate law.

Experience

We have over 45 years of practice experience in most areas of Real Estate, Estate Planning and Probate, and Small Business law.

Local Practice

Established in 1947, David K. Wilhelmsen joined the firm in 1981 and has practiced continuously since then in the Prescott and surrounding communities.

High Martindale-Hubbell Rating

We hold AV Preeminent® rating by Martindale-Hubbell, which is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers.

Responsible Solutions

We provide trusted and straight forward legal solutions to most matters you may encounter.

Benefits

Why Choose Us?

Employing Favour & Wilhelmsen, PLLC will ensure that your rights are protected, your obligations are clearly understood, and your interests are strategically represented. Whether navigating a complex transaction, resolving a dispute, or mitigating legal risk, we provide the knowledge and advocacy needed to avoid costly mistakes and strive to achieve favorable outcomes.

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Protect Your Investment — Right Here in Prescott

A broken real estate deal doesn’t have to break your future. With over 40 years of experience serving Prescott and Yavapai County, David K. Wilhelmsen helps buyers, sellers, and investors resolve contract disputes and recover what they’ve lost. Get trusted local representation and peace of mind today.
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