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Proceed With Caution: The Unrealized Cost of Pursuing Liquidated Damages Clause

Laying Down the Law

By Christopher J. Charles, Esq., David Degnan & Joshua Black   Many real estate listings contain a “liquidated damages” clause that allows the agent to collect a commission if the seller breaches the listing.  However, agents should be reminded that the best defense is sometimes a good offense and the pursuit of a claim for… Read more

Owner’s Liability for Tenant Improvements in Commerical Leasing

Property Management

By Renee Gerstman   Most commercial leases allow for tenant improvements. Some leases provide for complete owner control of the process, including, design, construction and payment for the improvements. Other leases place the burden of construction entirely on the tenant with no control by the owner. However, most contract provisions fall between these two opposing… Read more

Can I Work and Still Receive Social Security Benefits?

Special Interest

By Jeff Young   I receive on an ongoing question: “Can I work and still collect social security?” The question really should be: “Is there a penalty on social security earnings if my income exceeds a certain threshold?” All social security income taken prior to full retirement age (FRA) is subject to an earnings test. … Read more

Commercial Landlord Consent to Assignment or Sublet by Tenent

The Legal Advisor

By Michael T. Denious   Commercial lease agreements typically contain a provision that conditions the tenant’s right to assign or sublet upon the landlord’s consent.  A fairly typical example would be the following: ASSIGNMENT AND SUBLETTING:  Tenant shall not have the right to assign or pledge this Lease or to sublet the whole or any… Read more

Remembering Barry “Bear” Lehane

Publisher's Letter

By P.R. “Randy” Cooney Publisher, Arizona School of Real Estate & Business   Recently, the Arizona School of Real Estate & Business was honored to host the Memorial Service for Barry Lehane. He had been the Designated Broker for DPR Realty and served the real estate industry in many other capacities since 2001. Since Barry,… Read more

NW Valley Commercial Market

Commercial Corner

By Michelle Rider   Although we have yet to return to pre-recession activity levels, cities in Phoenix metro are issuing an increasing number of building permits which is a step in the right direction for our commercial economic growth. One of the most exciting developments in the west valley is the Loop 303. On Saturday,… Read more

Many Agents Have No Idea

General Real Estate

By Barry Lehane Please Note: Barry Lehane, the author of this article, unfortunately passed away a few weeks ago. Barry was one of our industry’s educational icons. Twelve months ago he prepared this article in preparation for the seminar “Write It Right or Lose the Write“. We are having this seminar again this Friday, August 1st at… Read more

Court Awards $140,000 Commission Pursuant to Liquidated Damages Clause

Laying Down the Law

By Christopher J. Charles, Esq.   Every now and then REALTORS® are faced with a tough decision when their client cancels a listing or a purchase contract. Should REALTORS® extend grace and hope to preserve the relationship with the client or demand payment for their commission? Because listing contracts are drafted by REALTORS® and their… Read more

In Memory of Barry Lehane, Designated Broker

Local

Barry “Bear” Lehane, a previous Designated Broker of DPR Realty, passed away on Thursday, July 3rd at the VA Hospital in Phoenix, Arizona at the age of 64. Barry had a long fight against diabetes and kidney disease for more than 15 years. Barry was born in New Haven, Connecticut on October 20, 1949 to… Read more

“Oh Well” When It Comes To Water Quality

Special Interest

  By Gary Hix   Most REALTORS® in Arizona are familiar with the designation Certified Home Inspector. Used in that connotation, the term certified is typically viewed as a form of licensure supported by the state. Today, the well inspection process does not have a state certification from Arizona and is also excluded from the… Read more

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