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Law Briefs, Legal Forum

Christopher J. Charles, Esq.   Bryan L. Eastin, Esq.   PROVIDENT LAW® recently won a difficult landlord-tenant dispute following a two-day trial. Following are a few tips that will help owners and property managers minimize or eliminate some common problems that our clients have recently encountered. First, owners should have a solid lease agreement. The… Read more

The Seven C’s Of Settlement

Law Briefs

    David Allen Partner, Jayburg & Wilk   Many people, particularly those who have never experienced first-hand what it is like to be a party to litigation, are quick to threaten to file a lawsuit at the first sign of a business dispute. However, as most lawyers and experienced litigants will readily tell such… Read more

The Illusion of Insurance Coverage Provided by Certificates of Insurance

Law Briefs

Nathan D. Meyer Partner, Jaburg & Wilk Micalann C. Pepe Attorney, Jaburg & Wilk   Many contracts or leases require one party to get insurance protection for the other party or landlord. Typically, they simply pass along the request for the insurance coverage to their insurance agent or broker and assume that their insurance will… Read more

If They Use It You May Lose It

Law Briefs

David L. Allen Partner, Jaburg & Wilk   As a general rule, if somebody owns something, whether it is as small as a cell phone or as big as ten-acre parcel of land, no one else may use it without the owner’s consent. There is, however, a notable exception to such rule found in the… Read more

The Implied Covenant of Good Faith and Fair Dealing

Law Briefs

David L. Allen Partner, Jaburg & Wilk   Anybody who has ever had a child has heard the refrain “but that’s NOT FAIR.” While the concept of “fairness” plays a big role in how the world should operate in the minds of children, there is sometimes a disconnect between “fairness” and the “justice” that is… Read more

Top 10 Considerations When Selling a Divorcing Couple’s Home

Law Briefs

Laurence B. Hirsch Partner, Jaburg & Wilk   In many divorces, the largest marital asset is the family home. Frequently, the parties agree to sell their residence. However, the sale of a community property asset, in the midst of an acrimonious divorce proceeding, can be challenging for agents and brokers. To help facilitate the transaction —… Read more

Dragnet Clauses and Priority

Law Briefs

David L. Allen Partner, Jaburg & Wilk   A “Dragnet Clause” in a Deed of Trust is a provision that states that the Deed of Trust secures any and all future debt owed by the borrower to the lender, in addition to whatever debt the Deed of Trust originally secured. The use of the terminology “dragnet”… Read more

Three Counter Offers, Two Addendums, One Unwritten Side Agreement and No Contract

Law Briefs

David W. Degnan, Esq. Degnan Law, PLLC   Real estate agents draft contracts every month. Many contracts are straight-forward and easy to follow. However, real estate agents often engage in intense negotiations in an effort to keep a deal alive. In such cases, agents are often left with a contract that has multiple counter offers,… Read more

Strategies for Defending ADA Accessibility “Tester” Lawsuits

Law Briefs

Matt Anderson Partner, Jaburg & Wilk   In the last 15 months, over 300 lawsuits alleging ADA accessibility violations have been filed by a handful of plaintiffs against Arizona multi-family building owners, commercial property owners, retailers, restaurants, and hotels. These “tester” cases assert nearly identical allegations related to insufficient handicapped parking, unequal access to the office/business… Read more

Equitable Subrogation and the Replacement Doctrine

Law Briefs

David Allen Partner, Jaburg & Wilk   All real estate professionals and investors are familiar with the concept of the priority of liens. As a general rule, when there are multiple liens recorded against a property, the one that is recorded first is “superior” to the one that is recorded later, which, in turn, is “subordinate”… Read more

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