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Posts Categorized: Laying Down the Law

Court Rules that Provisional Remedies Apply to Breach of Lease

Laying Down the Law

Christopher J. Charles, Esq. Provident Law   The Maricopa County Superior Court recently ruled in favor of Provident Law’s client and found that Arizona’s provisional remedies statutes, A.R.S. §§ 12-1521 and 12-2402(A), apply to breach of lease disputes. This ruling provides landlords with significant leverage for collecting unpaid rent from tenants. Provisional remedies provide creditors… Read more

When In Doubt, Disclose

Laying Down the Law

Christopher J. Charles, Esq. Provident Law   It has been famously said that “with great power comes great responsibility.”1 This is especially true for REALTORS® who, under Article 26 of the Arizona Constitution, may “draft any and all instruments, including contracts, incident to the sale, exchange, trade, or leasing of property.”2 Because of this authority,… Read more

The Dodd-Frank Act and Post-Possession Agreements

Laying Down the Law

Christopher J. Charles, Esq. Provident Law   As discussed in this column’s recent article regarding pre-possession agreements, key provisions of the Dodd Frank Act (“Dodd Frank”) took effect in 2015. Dodd Frank aims to revamp the United States regulatory system, especially in regard to mortgage lending. To that end, Dodd Frank created material changes to… Read more

Arizona’s Newest Business Entity, The Benefit Corporation or “B-Corp”

Laying Down the Law

Christopher J. Charles, Esq. Andy G. Anderson Provident Law   In many markets, consumers and employees, alike, hunger for purpose-driven companies committed to socially and environmentally responsible business practices. Prior to this year, however, most states did not offer a form of business entity that could fully accomplish a dual mission, producing both profit and… Read more

How to Use Custom Vacation Rental Agreements with AIRBNB.COM

Laying Down the Law

Written by Christopher J. Charles Special Guest Writer Andy G. Anderson Provident Law   This column previously discussed how property owners can incorporate a custom vacation rental agreement with the popular vacation rental booking website VRBO™. Now we cover how custom agreements can be used with the other popular vacation rental booking site airbnb. Well… Read more

The Dodd-Frank Act and Pre-Possession Agreements

Laying Down the Law

Christopher J. Charles, Esq. Founder and Managing Partner, Provident Law   Following the market crash and the Great Recession, Congress enacted the Dodd-Frank Act to effectuate a “sweeping overhaul of the United States financial regulatory system” on a scale not seen since the reforms that followed the Great Depression. Title X of the Dodd-Frank Act… Read more

Sellers Not Required To Disclose Proximity to Sex Offenders

Laying Down the Law

Christopher Charles, Esq. Founder and Managing Partner, Provident Law   In some cultures it’s customary to meet the neighbors before purchasing a home. In the appellate case Lerner v. DMB Realty, LLC, the plaintiffs likely wished they would have done just that. Unfortunately, they didn’t discover until after they closed on their purchase and moved… Read more

How to Use Custom Vacation Rental Agreements with VRBO and airbnb

Laying Down the Law

Written by Christopher J. Charles, Esq. and Special Guest Writer Andy G. Anderson   Well drafted rental agreements help prevent disputes and protect the owner’s legal interests when disputes do arise – especially in regard to vacation rentals. Carefully drafted vacation rental agreements provide owners with considerable safe guards and protections. For example, without an… Read more

Timber Trespass

Laying Down the Law

Christopher Charles, Esq. Managing Partner and Founder, Provident Law   Tony Soprano and Ned Flanders are preparing to face off in court. They have been next-door neighbors for about five years. The Flanders property has a 30-year old citrus tree in the front yard planted near the Soprano property line. Throughout the year, the tree… Read more

Judge Terminates Hundreds of Solar Leases

Laying Down the Law

Written by: Christopher J. Charles, Esq. Founder and Managing Partner of Provident Law, PLLC   Rooftop solar panel installation companies promise numerous benefits, including reduced utility bills and tax credits. A judge in Pima County recently terminated hundreds of these solar panel leases and ordered $1,000,000 in restitution when the installation company failed to deliver… Read more

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