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Posts Categorized: Laying Down the Law

Can REALTORS® Use Drones To Photograph Listings?

Laying Down the Law

By Christopher J. Charles, Esq.   If drone manufacturers have it their way, drones will soon be as commonplace as iPhones. Domino’s wants to use drones to deliver pizzas; Amazon wants to use drones to deliver books; and UPS could use drones to deliver mail. I recently attended a wedding in Del Mar, California, that… Read more

Vacation Rentals and The Super Bowl

Laying Down the Law

By Christopher J. Charles, Esq.   I.  INTRODUCTION The Valley will be the entertainment hub of the world in January/February 2015.  Phoenix metro will host not only the Super Bowl, but also the NFL Pro Bowl, the Waste Management Phoenix Open, the Fiesta Bowl and the Barrett Jackson Collector Car Auction all within that timeframe…. Read more

Love Your Neighbor

Laying Down the Law

By Christopher J. Charles, Esq.   Most are familiar with the Judeo-Christian principle: “thou shalt love thy neighbor as thyself.”  Unfortunately, not everyone actually practices this principal.  And not all “neighbors” are created equal. What legal options do property owners have when their neighbors breach the peace? Imagine the following scenario. You finally arrive home… Read more

Proceed With Caution: The Unrealized Cost of Pursuing Liquidated Damages Clause

Laying Down the Law

By Christopher J. Charles, Esq., David Degnan & Joshua Black   Many real estate listings contain a “liquidated damages” clause that allows the agent to collect a commission if the seller breaches the listing.  However, agents should be reminded that the best defense is sometimes a good offense and the pursuit of a claim for… Read more

Court Awards $140,000 Commission Pursuant to Liquidated Damages Clause

Laying Down the Law

By Christopher J. Charles, Esq.   Every now and then REALTORS® are faced with a tough decision when their client cancels a listing or a purchase contract. Should REALTORS® extend grace and hope to preserve the relationship with the client or demand payment for their commission? Because listing contracts are drafted by REALTORS® and their… Read more

What You Need to Know about the Economic Loss Rule (Part 2 of 2)

Laying Down the Law

By Christopher J. Charles, Esq. & David Degnan, Esq.   Prudent real estate professionals should have a general understanding of which real estate related claims are and are not recoverable – not only for themselves, but for their clients’ sake. And just as important, real estate professionals should understand how contracts may impact those claims…. Read more

What You Need to Know about the Economic Loss Rule (Part 1 of 2)

Laying Down the Law

By Christopher J. Charles, Esq. & David Degnan, Esq.   Whether you’re a real estate broker, contractor, lender, or attorney, most real estate professionals will encounter litigation at some point in their career. As a result, it’s important to understand what claims and damages are recoverable concerning real estate-related disputes. This article begins a two-part… Read more

Sellers Not Required to Disclose the Presence of Neighboring Sex Offenders

Laying Down the Law

By Christopher J. Charles, Esq.   In some cultures, it’s customary to meet the neighbors before purchasing a home. In the recent case of Lerner v. DMB Realty, LLC, the plaintiffs wish they would have done just that. Unfortunately, they didn’t discover that their next-door neighbor was a class 1 sex offender until after they… Read more

Arizona Court of Appeals Confirms that Arizona’s Anti-Deficiency Statutes Don’t Apply to Vacant Land

Laying Down the Law

By Christopher J. Charles, Esq.   Confusion has plagued the courts since the M&I Bank v. Mueller[1] decision over whether the anti-deficiency statutes apply to vacant land. Thankfully, the Court of Appeals recently brought clarity to that confusion with the BMO Harris v. Wildwood[2] decision. Prior to Mueller, everyone understood that Arizona’s anti-deficiency statutes were… Read more

Mortgage Debt Relief Act Expires

Laying Down the Law

By Christopher J. Charles, Esq.   Perhaps a sign of the real estate recovery, six years after the market crash, the 2007 Mortgage Debt Relief Act (the “Act”) has finally expired. Although the Act had already been extended twice[1], many remained hopeful – including Attorney General Tom Horne and the Attorney Generals from 41 other… Read more

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