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Posts Categorized: Laying Down the Law

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

Greed Doesn’t Pay: Excessive Interest Charged By Lender May Result In No Interest

Laying Down the Law

Written by: Christopher J. Charles, Esq. Founder and Managing Partner of Provident Law, PLLC   Pigs get fat and hogs get slaughtered. That is why hard-money lenders should avoid seeking hyper aggressive interest rates. Although conventional mortgage interest rates remain historically low, interest rates on private loans, or “hard money” loans range anywhere from 5%… Read more

Maricopa County Introduces New Venue For Resolving Business Disputes

Laying Down the Law

Written By: Christopher J. Charles, Esq. Founder/Managing Partner, Provident Law, PLLC With special guest writer Andy G. Anderson   Prudent business owners value predictable costs and minimal disruption to business operations. Legal disputes often conflict with those goals. Currently, business disputes are assigned to judges with general civil litigation dockets, housing matters that range from… Read more

Vacant Land Not Protected By Anti-Deficiency Statutes

Laying Down the Law

Written by Christopher J. Charles, Esq.   ATTENTION all investors, builders, and anyone planning to build a home: according to the Arizona Supreme Court’s recent Wild Creek decision and the recently amended anti-deficiency statutes, loans obtained to purchase vacant land are not necessarily protected by Arizona’s anti-deficiency statutes. Let’s review the basics. Where applicable, Arizona’s… Read more

Congress Extends Mortgage Debt Relief Act

Laying Down the Law

Written by Christopher J. Charles, Esq.   The general rule is that the forgiveness of debt is a taxable event.  26 U.S.C. § 61(a)(12).  Debt forgiveness is included within the taxpayer’s gross income. For example, if you loan your nephew $100,000 to open a fast food franchise and then later, you hit the Powerball and… Read more

Subcontractor Mechanics Liens Don’t Apply To Owner-Occupied Residences

Laying Down the Law

By Christopher J. Charles, Esq.   The Valley’s real estate market has officially rebounded and construction is booming again. Because most contractors don’t get paid until the job is complete, Arizona law affords contractors specific rights and remedies to ensure that they get paid.  But as the Arizona Court of Appeals recently held, contractors’ rights… Read more

The Arizona Entity Restructuring Act: New Law To Increase Efficiency and Lower Cost For Arizona Businesses

Laying Down the Law

By Christopher J. Charles, Esq. & special guest Andy G. Anderson, Esq.   Many prudent real estate professionals form a business entity such as an LLC or PLLC for their business.  On January 1, 2015, Arizona introduced a more business-friendly legal framework for entity restructuring transactions. Thanks to this new law, these transactions will be… Read more

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