Ariz. Rev. Stat. » Title 33
Arizona Revised Statutes

Ariz. Rev. Stat. § 33-437 (2026)

Defective conveyance as contract to convey

✓ current as of May 2026
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When an instrument in writing, intended as a conveyance of real property or some interest therein, fails wholly or in part to take effect as a conveyance by virtue of the provisions of this chapter, it is valid nevertheless and effectual as a contract upon which a conveyance may be enforced, as far as rules of law permit.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1965–2025 · leading case: Joy Enter., Inc. v. Reppel, 537 P.2d 591 (Ariz. 1975).
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Joy Enter., Inc. v. Reppel, 537 P.2d 591 (Ariz. 1975). · cites it 4× “We note first that under Arizona statute A.R.S. § 33-437, a defective conveyance may be enforced as a contract to convey.”
Pioneer Annuity Life Ins. v. Nat'l Equity Life Ins., 765 P.2d 550 (Ariz. Ct. App. 1988). · cites it 2× “See A.R.S. § 33-437 and Heller v. Levine, 7 Ariz.”
Keck v. Brookfield, 409 P.2d 583 (Ariz. Ct. App. 1965). · cites it 2× “801 (1909); A.R.S. § 33-437. Appellants argue that the lease in question was void for lack of mutuality of obligation since the appellees had a right to terminate the lease upon 30 days notice.”
Heller v. Levine, 437 P.2d 983 (Ariz. Ct. App. 1968). “Plaintiff filed a complaint in three counts: Count One alleging a duly and properly executed mortgage; Count Two alleging a mortgage by estoppel; and Count Three for specific performance of a contract to mortgage under § 33-437 A.R.S. The answer of the defendant Charlene Heller…”
David Kester v. Citimortgage, Inc., 709 F. App'x 869 (9th Cir. 2017). · cites it 2× “” Ariz. Rev. Stat. § 33-437 . The Arizona Supreme Court has held that an improperly acknowledged mortgage becomes “a contract which may be specifically enforced as between the parties.”
PennyMac Loan Servs. LLC v. Melbye (D. Ariz. 2025). · cites it 2× “A.R.S. § 33-437; Pioneer 21 Annuity Life Ins.”
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