A Real Estate Brokerage Guide to the Universe
| | Real Estate
This handy reference guide won’t substitute for legal advice – get that from us – but it is a handy reference for legal issues facing real estate brokers.
Commercial Lease Eviction Protection Order in Arizona in Wake of COVID-19 Economic Downturn
| | COVID-19, Eviction, Real Estate
Arizona Governor Doug Ducey has issued Executive Order 2020-21, prohibiting small business evictions from commercial properties for tenants who are suffering from the effects of the current COVID-19 pandemic starting on March 11, 2020, when a Public Health State of
Bankruptcy and HOA’s: Pitfalls Ahead
| | Bankruptcy, HOA, Real Estate
I constantly advise clients of the pitfalls surrendering a home subject to Homeowner’s Association (“HOA”) dues. HOA’s are tied to property ownership, not possession. So when a debtor files a Bankruptcy case the debtor is granted a discharge for any
Real Estate Agent’s Non-Disclosure of Known Defects
| | Eviction, Real Estate
Arizona real estate agents are required to “disclose in writing to all other parties any information the licensee possesses that materially or adversely affects the consideration to be paid by any party to the transaction.” A real estate agent failure
Property Ownership
| | Eviction, Real Estate
Arizona state law and case law are clear that eviction cases are designed to only address the issue of possession and not any issues addressing the ownership of the property involved. The limited scope of a forcible entry and detainer action has
48 Hour Notice to Enter Rental Property
| | Eviction, Real Estate
Arizona landlords have the legal right to periodically enter their property. The law does not place limitations on why landlords want to enter the property. However, entering a rental property is a right with limitations and should not be used as a form of harassment
Arizona’s Anti-Deficiency Statutes
| | Eviction, Real Estate
In Arizona, certain home owners are free to stop making payments their home and walk away from it with no financial recourse against them. These people are protected by what is commonly known as Arizona’s Anti-Deficiency Statutes. Protection for residential
How do I get someone out of my rental home?
| | Eviction, Real Estate
A Writ of Restitution is a request made to the court to send a Constable to remove the tenants from your property. A Constable works for the court and has similar powers and duties to sheriffs. A Writ can only
ALERT: Owners of Family Businesses and Real Estate Need to Act Now
If you (or your parents) own a business that you (or they) intend to pass to the next generation, you need to seriously consider whether your business succession plan needs to be completed before the end of 2016. This applies to
Please Welcome Our Newest Tempe Partner – Alan Soelberg
| Business | Commercial Law, Estate Planning, Law Firm Management, Real Estate, Trusts
We are pleased to announce the addition of an exceptional attorney, Alan Soelberg, to the transactional department in our Tempe office. Prior to joining the law firm of Davis Miles McGuire Gardner, Alan worked in house for one of the