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Posts Categorized: Laying Down the Law

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

THE PACA TRUST

Laying Down the Law

Christopher J. Charles, Esq. Founder, Provident Law   Imagine you loan $1,000,000 to a third party concerning the purchase of a commercial property and you secure the loan with a “purchase-money mortgage” or deed of trust in first position.  Months later, the borrower defaults and you initiate the foreclosure sale. Then, days before the scheduled… Read more

Specific Performance

Laying Down the Law

Christopher J. Charles, Esq. Founder and Managing Partner, Provident Law   Attorney Christopher Charles recently achieved a noteworthy victory for his real estate client in a purchase contract dispute where the buyer sought specific performance of the contract. The threat of specific performance is often an effective tool for buyers when a seller gets cold… Read more

Civil Remedies and the Commercial Lease

Laying Down the Law

Christopher J. Charles, Esq. Founder, Provident Law   Just like the ancient feudal lords, commercial landlords today have considerable rights and remedies if a tenant defaults. Two chief examples include the non-judicial lockout and pre-judgment provisional remedies. Fortunately, provisional remedies are rarely needed because the mere threat of enforcement generally accomplishes the landlord’s goals. Commercial… Read more

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