Phoenix Litigation Legal Information
Earnest Money Disputes
These days, there are many issues that can kill a deal. With the prevalence of short sales, foreclosures and other non-traditional transactions it can be very difficult for brokers to keep a deal together through closing. Buyers back out for many reasons and sometimes no reason. When they do, there may be significant earnest money in dispute. Whether the seller or buyer “breached” the purchase agreement and who is entitled to the earnest money is often hotly contested.
Title Issues Holding Up Your Transaction?
Title issues such as mechanic's liens, rogue deeds in the chain of title and adverse possession claims can hold up a transaction. It is important to properly identify the problem before a solution can be reached.
Defending Sellers in Disclosure Disputes (Things Brokers Should Know)
If a buyer of real estate believes that material information about the property was concealed or otherwise not disclosed, they could sue. Sellers of real estate often face the most exposure when a real estate deal goes bad.
Collection Options for Broker Lease Commission
In these difficult times, real estate brokers are finding it more and more difficult to collect lease commissions from commercial landlords. But brokers have several legal options at their disposal.
Collecting on Commercial Leases
Landlords have a variety of options in collecting rent from commercial tenants. Landlords should seek to enforce personal guarantees. Landlords may also seek to reenter the premises and take back possession if rent is at least 5 days delinquent. The landlord may be able to seize any personal property of the tenant to satisfy the rent obligations.
Arizona Real Estate Disclosure Disputes
In Arizona, the seller of real estate has a duty to disclose certain items to the buyer. Failure to do so can result in liability for the seller and sometimes the real estate agents involved in the transaction. This article explores specific disclosure issues that often arise.
Collecting on Construction Projects: An Overview of Collection Options
Contractors and suppliers for a construction project have several options available to collect for their work and supplies. Many of these options require that very specific laws be followed in order to preserve the contractor's claims. This article explores those options.
When is a Lis Pendens Appropriate?
I often get questions from clients about whether a lis pendens can or should be utilized in their case. A lis pendens is a Latin term meaning "a pending lawsuit" and can be a powerful tool in preserving real estate during a lawsuit. There must first be a lawsuit filed involving real estate in some way.