FTC Bans Non-Compete Clauses
FTC Bans Non-Compete Clauses by: Kyle McCutcheon In a move poised to significantly impact American businesses, the Federal Trade Commission (“FTC”) published a final rule…
How to negotiate earnest money and avoid pitfall of forfeiting unlawful liquidated damages
LAYING DOWN THE LAW with Christopher J. Charles, Esq. HOW TO NEGOTIATE EARNEST MONEY AND AVOID THE PITFALL OF FORFEITING UNLAWFUL LIQUIDATED DAMAGES Nearly…
Insurance Premiums are on the Rise: 3 Tips to Mitigate Risks
Insurance Premiums are on the Rise: 3 Tips to Mitigate Risks By: Kyle McCutcheon The insurance universe is changing. Insurance premiums are on the rise…
Arizona Supreme Court Recognizes New Legal Claim Regarding Real Property
The Arizona Supreme Court recently issued an important decision that expressly authorizes a new legal claim concerning real property. More specifically, in Beck v. Neville,…
5 New Arizona Laws that Affect Owners and Residents of HOA Communities
Many Arizona communities are subject to homeowners’ associations or HOAs, which set various rules that govern those communities. Recent legislative sessions in Arizona led to…
Understanding the Commercial Landlord’s Duty to Mitigate Damages
Under a commercial lease, if a tenant stops paying rent or abandons the commercial property, the landlord can sue the tenant for damages. Available damages…
Beware of Title Fraud
LAYING DOWN THE LAW with Christopher J. Charles, Esq. Beware of Title Fraud Arizona’s real estate market is seeing a trend in title fraud cases…
Short-term Rentals: Provident Law® Attorney Comments on the Debate Over Them
Short-term rentals are popular in Arizona. However, a recent weekend report of a large party and shots fired at a short-term rental in Phoenix states…
The Right of First Refusal in Real Estate Transactions
The right of first refusal is a common provision in real estate transactions. Although its definition is straightforward, it can raise various legal issues that…
What Are Force Majeure Provisions in Real Estate Contracts and Leases?
Both real estate contracts and leases commonly contain force majeure provisions, as do other business contracts. Since these provisions can substantially affect the rights of…
Common Arizona Commercial Lease Disputes
Commercial leases are legally valid contracts between the landlord and the tenant that contain various provisions governing the business relationship. Although some commercial landlord-tenant relationships…
The Arizona Consumer Fraud Act
“Those who deal with the public must be careful that their goods are valuable; that they are genuine, and will give satisfaction.” PT Barnum –…