Posts Categorized: Laying Down the Law
LAYING DOWN THE LAW – Supreme Court Rules That Claims For Wrongful Foreclosure Must Be Filed Prior To Trustee Sale
Laying Down the Law, Legal Forum
April 5, 2018 |
Christopher J. Charles, Esq. Andy Anderson, Esq. The recent Arizona Supreme Court case Zubia v. Shapiro, 243 Ariz. 412 (2018), reminds homeowners to obtain early legal counsel when facing foreclosure, while bolstering lenders’ affirmative waiver defenses. Particularly, the Supreme Court ruled that borrowers waive claims to damages concerning the validity of a trustee’s… Read more
LAYING DOWN THE LAW – BEST PRACTICES FOR PROPERTY MANAGERS AND LANDLORDS
Law Briefs, Laying Down the Law, Legal Forum
February 27, 2018 |
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
LAYING DOWN THE LAW – ENFORCING COMMISSION AGREEMENTS
General Real Estate, Laying Down the Law
January 30, 2018 |
Christopher J. Charles, Esq. Every now and then REALTORS® are faced with a tough decision when their client cancels the listing prior to its expiration or cancels the purchase contract. Should the agent: (1) extend grace and hope to preserve the relationship with the client; or (2) demand payment for their commission? Because listing… Read more
LAYING DOWN THE LAW – COURT OF APPEALS ISSUES NEW DECISION REGARDING OPTION CONTRACTS
Industry News, Laying Down the Law
January 1, 2018 |
Christopher J. Charles, Esq. Philip A. Overcash, Esq. When it comes to real estate transactions, more often than naught, the “devil” is in the details. The Arizona Court of Appeals, Division One, recently provided a roadmap to the rules concerning the specificity of an agreement required to obtain specific performance of an option… Read more
BLOCKCHAIN LEADING THE WAY TO A NEW BUSINESS MODEL
Laying Down the Law, Technology/ Social Media
January 1, 2018 |
Steve Zylstra President and CEO, Arizona Technology Council The financial technology (Fintech) sector is among the most promising and fastest growing in today’s technology landscape. More than $50 billion has been invested in nearly 2,500 Fintech companies since 2010. Arizona businesses are actively participating in the growth of Fintech by offering a diverse range… Read more
Laying Down the Law: Personal Representatives Must Disclose Their Capacity in Purchase Contracts
Laying Down the Law, Uncategorized
November 1, 2017 |
Christopher J. Charles, Esq. & Brian L. Eastin Founder/Managing Partner & Attorney, Provident Law Personal Representatives are required to perform a myriad of duties in administering a decedent’s estate. These duties often include selling real estate. While performing their duties and when acting in their representative capacity, Personal Representatives are generally shielded from the estate’s… Read more
Helping Clients Identify Blind Spots
Laying Down the Law, Uncategorized
October 9, 2017 |
Christopher J. Charles, Esq. Founder & Partner, Provident Law Successful REALTORS® understand that satisfied clients are the best sources for referrals. Delivering unexpected value to buyers and sellers is a great way to exceed clients’ expectations. And identifying a real estate transaction’s “blind spots” is an effective way to create loyal clients. Blind… Read more
Deciphering Adverse Possession
Laying Down the Law, Uncategorized
September 17, 2017 |
Christopher J. Charles, Esq. and Philip A. Overcash, Esq. Attorneys, Provident Law Legal disputes over property can take various forms. In most cases in which such disputes arise, especially with a neighbor, the owner may be fully aware of a dispute and can take action to resolve the problem before the owner’s property rights are… Read more
Choosing the Correct Business Entity
Laying Down the Law
August 23, 2017 |
Christopher J. Charles, Esq. Partner, Provident Law Co-writer Andy Anderson, Esq. Attorney, Provident Law Societies have conceived new business structures since time immemorial. Fundamentally, joining together with business partners spreads the demands of capital and limits risk. Italians made family firms, compagnia,… Read more
How To Transfer Title With The Beneficiary Deed
Laying Down the Law
July 7, 2017 |
By Christopher J. Charles, Esq. and Bryan Eastin The intersection of real estate law and estate planning can often produce some interesting results. The decision in the Estate of Ganoni, 238 Ariz. 144, 357 P.3d 828 (App. 2015) is illustrative. Most real estate professionals are familiar with beneficiary deeds. This form of deed… Read more