What This Statute Says
Specific performance is the remedy a buyer of real property uses when the seller refuses to convey. Because every parcel of land is considered unique, money damages alone are often inadequate. This section gives four years to file.
An action for specific performance of a contract for the conveyance of real property shall be commenced within four years after the cause of action accrues, and not afterward.
A.R.S. § 12-546When This Statute Comes Into Play
Common scenarios:
- An estate is the buyer under a contract that the seller refuses to perform after the contract date.
- A beneficiary holds an option or right of first refusal on estate or family property.
- A family member has paid toward a buyout but the title was never conveyed.
What This Means for Arizona Families
Real estate transactions sometimes fall apart at the closing table, and not always for clean reasons. Family members back out, sellers refuse to sign, and titles stay in limbo. This statute is the calendar for forcing the sale through court.
If you are the buyer in an Arizona real property contract that the seller will not honor, do not wait. The four-year window in this section often disappears faster than people expect because the deadline starts at accrual, usually at the date of the seller's refusal. Our FAQ on managing real estate during probate or trust administration covers the related fiduciary issues. An Arizona real estate or probate attorney can evaluate whether specific performance is available and what evidence is needed to win. Pairing the specific performance claim with a careful title review and any warranty deed exceptions ensures the family ends up with both the property and a clean record.