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 –…
Defining Material Breach of a Commercial Real Estate Lease
Commercial leases contain countless provisions, including those pertaining to a material breach, and often are in effect for years. As a result, one or both…
Property Owner Repair and Maintenance Duties in Commercial Leases
What are repair and maintenance duties? Lease agreements and Arizona law govern the rights and responsibilities of both parties to a commercial real estate lease.…
Environmental Assessment and Due Diligence in Real Estate Transactions
You should know what you’re buying before you buy it; the same principle applies to real estate transactions. Failure to conduct due diligence so that…
What Happens if Real Estate Doesn’t Pass Inspection?
When purchasing real estate, you can and should conduct due diligence concerning the property before you purchase it. You certainly can purchase real estate on…