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Posts Categorized: Laying Down the Law

LAYING DOWN THE LAW – ENFORCING COMMISSION AGREEMENTS

General Real Estate, Laying Down the Law

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

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

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

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

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

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

  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

    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

SLANDER OF TITLE = STRICT LIABILITY

Laying Down the Law

Christopher J. Charles Founder and Managing Partner, Provident Law   One of the chief hallmarks of America’s jurisprudence is our careful protections and respect for one another’s individual property rights.  For example, regarding real estate, it is unlawful to record a groundless document or lien against a real property.  Indeed, a person who causes a… Read more

FOREIGN SELLERS BEWARE: Why FIRPTA Matters Again

Laying Down the Law

Christopher J. Charles, Esq. Founder and Managing Partner, Provident Law Anytime a foreign investor sells real estate in America, FIRPTA1 is triggered and the buyer/escrow agent is required to withhold 10% of the sales price. Due to the high number of Canadian property owners in Arizona, FIRPTA issues are not uncommon. FIRPTA impacts foreign individuals… Read more

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