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Posts Categorized: Laying Down the Law

LAYING DOWN THE LAW – HOW TO PROTECT YOUR VIEW

Laying Down the Law, Phoenix Growth Trends

Christopher J. Charles Attorney, Provident Law   Many people purchase property in Arizona with an eye for the surrounding aesthetics. Mountainsides, valleys, and rock formations in the environs of one’s home can, in fact, be a large reason that individuals decide to purchase a particular property, or, for that matter, that business-owners purchase or lease… Read more

LAYING DOWN THE LAW – PROCURING CAUSE AND THE LISTING AGREEMENT’S BROKER PROTECTION CLAUSE

Laying Down the Law, Property Management

Christopher J. Charles Attorney, Provident Law   Real estate brokers work hard to earn their commissions. And they use specialized training and experience to secure the right buyer for the seller’s unique property. As a result, brokers deserve to be justly compensated for the value they bring to each transaction. Most commonly, brokers negotiate with… Read more

LAYING DOWN THE LAW – FORCE MAJEURE, COVID-19, AND REAL ESTATE CONTRACTS

Laying Down the Law, Special COVID-19 Edition

Christopher J. Charles Attorney, Provident Law   Why are real estate contracts so long? The initial REALTOR® Residential Resale Real Estate Purchase Contact was about one page; today, it is ten pages, not including the various addenda and disclosure forms. Excellent contract drafting aims to memorialize the parties’ agreement, including their rights and responsibilities, and tries… Read more

LAYING DOWN THE LAW – WHO GETS THE HOUSE? HOW TO DIVIDE REAL PROPERTY BETWEEN CO-OWNERS IN PARTITION ACTIONS

Broker Summit, Laying Down the Law

Christopher J. Charles, Esq. Provident Law   Bryan Eastin, Esq. Provident Law Joint ownership of real estate provides many benefits, including increased buying opportunity, shared expenses, avoidance of probate, and shared risk/liability. Co-ownership also provides opportunities for disagreement. For example, co-owners might not agree on when to sell or how the proceeds should be apportioned…. Read more

LAYING DOWN THE LAW – CAN COMMERCIAL LANDLORDS BE LIABLE FOR THEIR TENANT’S ACTIONS?

Find It, Fix It, Flip It, Laying Down the Law

Christopher J. Charles Attorney, Provident Law   In today’s litigious culture, you would think it’s enough for property owners to worry just about risks arising from their own conduct – for example, slip and fall cases, environmental hazards, trespass issues, etc. Do owners really need to worry also about lawsuits because of their tenant’s conduct?… Read more

LAYING DOWN THE LAW – DID THE OVERALL INCREASE IN HOME INVENTORY REALLY MEAN MORE NEW LISTINGS?

Investing, Laying Down the Law

Christopher J. Charles Attorney, Provident Law   Between September 2018 and February 2019, we saw a moderate gain in home inventory prior to home shopping season, following a solid 44 months of consecutive inventory decreases. Some speculated that this perhaps meant that the number of people choosing to list their homes had at last begun… Read more

LAYING DOWN THE LAW – WHEN NEIGHBORS CROSS THE LINE: INJUNCTIONS AGAINST HARRASSMENT SHORT-TERM RENTALS

Laying Down the Law, Property Management

Christopher J. Charles, Esq. Provident Law   Bryan Eastin, Esq. Provident Law On May 21, 2019, Governor Ducey signed new provisions regulating short- term rentals. The new laws aim to curb issues where short-term rentals are perceived as increasing noise and traffic in residential neighborhoods or are operated as “party houses.” Among other things, these… Read more

LAYING DOWN THE LAW – New Rules for Evictions

Laying Down the Law, Market Forecast

Christopher J. Charles Attorney, Provident Law   The Arizona Supreme Court recently promulgated new rules for eviction actions. Per the new rules, before proceeding with an eviction action, landlords must serve tenants with not only the Complaint and Summons, but also with a copy of the controlling lease, any addenda to the lease, plus a… Read more

LAYING DOWN THE LAW – It’s All About The [Purchase] Money: Are Construction & Home Improvement Loans Entitled to Anti-Deficiency Protection?

Financial Goals, Laying Down the Law

Christopher J. Charles, Esq. Provident Law   Phillip A. Overcash, Esq. Provident Law Arizona law provides certain protections to homeowners who obtain purchase money financing for a home and then subsequently default. There are, however, important limitations to those protections. The Arizona Court of Appeals recently held that, generally, construction loans qualify as a purchase… Read more

LAYING DOWN THE LAW – LEGAL HEADACHES: CAN TENANTS SUE THEIR LANDLORD FOR ANNOYANCE OR EMOTIONAL DISTRESS CONCERNING A PROPERTY’S CONDITION?

Laying Down the Law

Christopher J. Charles, Esq. Provident Law   Phillip A. Overcash, Esq. Provident Law The Arizona Residential Landlord and Tenant Act, A.R.S. § 33–1301 et seq., (the “Act”), provides a comprehensive framework regulating the rights and responsibilities of landlords and tenants under a lease for residential properties. Arizona courts have interpreted the Act to provide broad… Read more

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