Online Articles
Love Your Neighbor
September 8, 2014
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
Real Estate Investment Trusts (“REITs”)
September 8, 2014
By Paul Ohanian I have been designing financial portfolios for a wide range of clients for 25 years and come across many types of investment strategies. I often look to real estate investments to provide asset diversification, lessen general stock market exposure and, where appropriate, generate income. While my clients, and truly Arizonians at… Read more
10 “Life Building” Truths
September 8, 2014
By Jane Andersen In the June Publication of this Journal, I read a terrific article by Randy Cooney titled Ten Truths of Selling Your Home. His article focused on truths that agents don’t want to say because sellers don’t want to hear. I really appreciated Randy’s article which motivated me to write one as… Read more
Supreme Court Reverses Arizona Court of Appeals’ Ruling in Weitz
September 8, 2014
By Thomas A. Stoops In the April 2014 Legal Advisor article we noted that the Arizona Court of Appeals in the case of The Weitz Company, L.L.C. v. Nicholas Heth, 674 Ariz. Adv. Rep. 29, had made a significant ruling on the application of equitable subrogation. The Arizona Court of Appeals determined that based… Read more
An Interview with an Industry Icon
School News
August 15, 2014
By: Tricia Covert As the Arizona School of Real Estate & Business celebrates its 45th anniversary this month, I was looking for someone who could give great meaning to this milestone event. Bill Gray was the obvious choice. Most people in the industry are very familiar with Bill’s contribution to the Arizona… Read more
Proceed With Caution: The Unrealized Cost of Pursuing Liquidated Damages Clause
August 13, 2014
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
Owner’s Liability for Tenant Improvements in Commerical Leasing
August 13, 2014
By Renee Gerstman Most commercial leases allow for tenant improvements. Some leases provide for complete owner control of the process, including, design, construction and payment for the improvements. Other leases place the burden of construction entirely on the tenant with no control by the owner. However, most contract provisions fall between these two opposing… Read more
Can I Work and Still Receive Social Security Benefits?
August 13, 2014
By Jeff Young I receive on an ongoing question: “Can I work and still collect social security?” The question really should be: “Is there a penalty on social security earnings if my income exceeds a certain threshold?” All social security income taken prior to full retirement age (FRA) is subject to an earnings test. … Read more
Commercial Landlord Consent to Assignment or Sublet by Tenent
August 13, 2014
By Michael T. Denious Commercial lease agreements typically contain a provision that conditions the tenant’s right to assign or sublet upon the landlord’s consent. A fairly typical example would be the following: ASSIGNMENT AND SUBLETTING: Tenant shall not have the right to assign or pledge this Lease or to sublet the whole or any… Read more
Remembering Barry “Bear” Lehane
August 13, 2014
By P.R. “Randy” Cooney Publisher, Arizona School of Real Estate & Business Recently, the Arizona School of Real Estate & Business was honored to host the Memorial Service for Barry Lehane. He had been the Designated Broker for DPR Realty and served the real estate industry in many other capacities since 2001. Since Barry,… Read more