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Arizona Contracts Questions & Answers
1 Answer | Asked in Civil Litigation and Contracts for Arizona on
Q: How can I get my ex partner to pay me on a car lease we have together?

My ex partner and I paid off a truck together and when we separated we agreed he would keep the truck and we took out another car together so that I could drive . He said he would help me with payments but after we got it he said he wasn’t going to help me anymore . I only have text messages... View More

James L. Arrasmith
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answered on Feb 28, 2024

Here are a few options to try to get your ex partner to pay for their share of the car lease:

1. Send a formal demand letter stating they agreed to pay for half the lease and you have text message evidence of this agreement. Set a deadline for their payment and state you will pursue legal...
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1 Answer | Asked in Consumer Law and Contracts for Arizona on
Q: I have storage unit which i have until today empty it I found out last night it was on there aucton sight list in might

Have sold I have a email from them stating I have untiL today to get it in I have a picture of it be auctioned off by them is there anything I can do

James L. Arrasmith
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answered on Feb 23, 2024

If your storage unit was listed for auction without your knowledge or consent, it's essential to take immediate action to address the situation. Start by reaching out to the storage facility to discuss the matter and express your concerns. Provide any documentation you have, such as the email... View More

1 Answer | Asked in Contracts, Criminal Law, Divorce and Personal Injury for Arizona on
Q: I need a lawyer to write up a demand letter.

I'd rather explain in person if I could bc it'd be a lot easier. Bc there is a lot involved and not sure what direction to go with this issue. Civil Rights, Domestic Violence, interference with business relationships, Cyber stalking, Hacking, spying, tampering with personal properties,slander

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2024

An Arizona attorney could advise best, but your question remains open for three weeks. It could be difficult for attorneys here to offer their services or a consult, as you mention your preference to explain in person. You'd need to reach out to attorneys. In addition to your own independent... View More

1 Answer | Asked in Contracts and Consumer Law for Arizona on
Q: I live in Arizona. We got solar panels and First rain our roof leaked. Can I sue? They don’t want to fix it.

They state the issue was there before the solar panels. Our house was brand new built in 2020 manufactured home. We had bad storms before that caused no leak. The first rain after the solar panel installation, our roof started leaking out of our smoke detector. They got on the roof and stated... View More

T. Augustus Claus
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answered on Jan 29, 2024

In Arizona, if your roof started leaking after the installation of solar panels and the company refuses to accept responsibility, you have several legal options. First, review your contract with the solar panel company to understand any warranties or clauses regarding damage during installation. If... View More

2 Answers | Asked in Contracts for Arizona on
Q: Hi. I recently signed a co tract with a mktg company and before I did I was told something else. Can I get out if it

The person for the company told me something v different than was in the contract.

James L. Arrasmith
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answered on Jan 4, 2024

If you believe the marketing company misrepresented the terms before you signed the contract, there may be grounds to contest it. Misrepresentation can occur when false statements or promises are made to induce someone into a contract.

First, review the contract thoroughly to understand its...
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1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Arizona on
Q: What recourse do I have with sub-contractors who require a deposit but do not perform in a timely manner?

I am building a single family residence. Currently I have an engineer who took a deposit but is not performing, or responding. Small claims court the only choice? What about other contractors down the road? Maybe need a contract to cover myself.

Peter H. Westby
Peter H. Westby
answered on Oct 3, 2023

This is a complicated matter. There are many things you need to do to protect yourself. Using a good contract with the general contractor is a first step. If you are acting as the general contractor, having good contracts with the contractors you hire is important. As for the engineer you... View More

1 Answer | Asked in Contracts and Construction Law for Arizona on
Q: I am a subcontractor trying to get my retention from the GC. I have been complete with my work for over 120 days

The building is occupied and we bill for retention Months ago. The GC only replys with not funded, and paid when paid. We do not have a lien on this work.

T. Augustus Claus
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answered on Sep 27, 2023

Retention is often a sticky issue between subcontractors and general contractors. If you've completed your work and the building is occupied, you may have a strong case for releasing the retention. Arizona has "prompt payment" laws that could be applicable. Since you've not... View More

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Arizona on
Q: My roommate refuses to pay her half of a signed lease break fee. Will small claims court release me from liability?

If I pay her part of the lease break fee, then go to small claims court, would she be held responsible to pay me back and/or have a judgement against her. What is the best way forward to hold her responsible and releas me of liability? Thank you

T. Augustus Claus
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answered on Aug 15, 2023

Small claims court could potentially help you address the issue of your roommate refusing to pay her share of the signed lease break fee. If you have evidence of the signed lease, the agreed-upon lease break fee, and any communication regarding the fee, you may be able to file a claim in small... View More

1 Answer | Asked in Contracts and Real Estate Law for Arizona on
Q: Contract reads: “No variance or modification hereof shall be valid or enforceable accept by supplemental agreement…

In writing , executed & approved in the same manner as this agreement”. They changed pricing several times without supplemental agreement. Wouldn’t updated pricing be invalid? Contract wasn’t voted on by HOA Board like original one because HOA Pres. said it auto renewed. But they changed... View More

Jacob Rheaume
Jacob Rheaume
answered on Mar 13, 2023

This sounds like your speaking about your condominium bylaws or declaration. To know whether the pricing change is a violation of the original agreement or permissible, we'd need to know whether the pricing is: (a) a fixed number, or (b) a formula.

Typically, costs that would be...
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3 Answers | Asked in Bankruptcy, Business Formation, Business Law and Contracts for Arizona on
Q: Two small business entanglement debt and liability question.

My employer (E) has two small businesses (A and B) both 100% owned by E. Business A owes business B a significant amount of money for services accumulated throughout the years. However, E wants to protect the assets of A from any happenings relating to B. If B goes bankrupt will the creditors of B... View More

Diane L. Drain
Diane L. Drain
answered on Jan 16, 2023

Your "employer" needs to talk with an experienced bankruptcy attorney in order to determine their best course of action. This is not a decision that should be made lightly. Do not rely on a "mass-production" law firm (one that pays for advertising on the Internet or TV).... View More

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3 Answers | Asked in Bankruptcy, Business Formation, Business Law and Contracts for Arizona on
Q: Two small business entanglement debt and liability question.

My employer (E) has two small businesses (A and B) both 100% owned by E. Business A owes business B a significant amount of money for services accumulated throughout the years. However, E wants to protect the assets of A from any happenings relating to B. If B goes bankrupt will the creditors of B... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 16, 2023

A trustee in bankruptcy "steps into the shoes of the debtor". Consequently, a bankruptcy trustee is entitled to pursue and collect/liquidate any obligations to the debtor.

That's in a Chapter 7 case, where a trustee is automatically appointed.

In a Ch. 11, the debtor...
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1 Answer | Asked in Contracts, Arbitration / Mediation Law, Civil Rights and Education Law for Arizona on
Q: This is a pretty difficult case. It includes 5 people, and the ultimate lawsuit is against ASU. I said no to arbitration

This is a pretty difficult case. It includes 5 people, and the ultimate lawsuit is against ASU. I said no to arbitration

The case starts with discrimination and a huge negligence issue all the way to the Dean of that building. Then the VP of Student affairs emailed me several times (she... View More

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

Obviously a case of this nature is not something a novice attorney ought to be handling. And, of course, it would be foolish to bring without an attorney at all.

There are a few attorneys who regularly sue colleges and universities for discrimination. Occasionally, advocacy groups fund...
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1 Answer | Asked in Contracts, Construction Law and Legal Malpractice for Arizona on
Q: I have a solar company that has admitted fault to roof damage. I do not want panels back on my roof! I'm in a lease??

Can the solar company force me to put the panels back on my roof? There's been negligence, poor workmanship, unprofessionalism, broken trust with the company. I'm in a lease with the panels but leases are made to be broken.

Joel Gary Selik
Joel Gary Selik
answered on Apr 2, 2024

Have the contact reviewed by an experienced attorney to determine your rights in addition to claims for their negligence

1 Answer | Asked in Collections and Contracts for Arizona on
Q: Can a collection agency proceed with a default hearing after a payment arrangement was agreed to and payments were made?

In January, I was served by a collection agency. I contacted them and agreed to a payment arrangement. I’ve made a payment in January and in February, both on time, and noticed that the agency proceeded to file for a default judgment after I’ve made on time payments and agreed to a payment... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 7, 2024

Yes unless there was a specific agreement not to do so. You can file a motion to set aside the judgment.

1 Answer | Asked in Consumer Law, Contracts and Medical Malpractice for Arizona on
Q: In a demand letter, how to present incurred expenses and economic damages? List exactly the hours, date, receipts?
Joel Gary Selik
Joel Gary Selik
answered on Jan 10, 2024

I have found to be most effective, as much detail as possible. But, it is important that all supporting documentation to prove the damages be included.

1 Answer | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Arizona on
Q: My brother's girlfriend physically produced a quitclaim signature two days before his passing in a hospice facility.

She payed $1,000 to have a notary present and legalize the quitclaim of his house, everything in it and a wishlist of his financial accounts to be used to support her. This was witnessed by my living brother and sister. When they asked what the signatures where for, she said they were just papers... View More

Andre L. Pennington
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Andre L. Pennington
answered on Dec 17, 2023

Among other considerations, your brother had to knowingly know what he was doing without undue influence. It sounds like there may be issues with this transfer. You may want to consult with an experienced probate litigation attorney.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Workers' Compensation for Arizona on
Q: I have some really insane thoughts right now due to to my only moderately maintained BP disorder. I would love to discus

I currently want to fight the entire tech industry because my rights to my privacy and my data and my sovereignty is being impeached every day and I have receipts and I'm ready to stand up in front of a judge and preach my case. I'd love to write it out to you.

Joel Friedman
Joel Friedman
answered on Oct 5, 2023

This question came into the workers' compensation category. It does not appear to related to a work injury and you should limit your inquiry to employment law.

1 Answer | Asked in Contracts, Criminal Law, Elder Law and Identity Theft for Arizona on
Q: Who can i have look at this durable POA document that my mom signed for my sister in law and my brother? It looks wrong.

The only signature that's legit is my mom's 1 signature. And the 2 disinterested witnesses signatures are done by the same person. Who happens to be my sister in laws best friend. And I've never seen a notary that has handwriting like a child's. And all of the initials are not... View More

John Michael Frick
John Michael Frick
answered on Sep 29, 2023

If you have genuine concerns about the authenticity of a power of attorney, particularly one with handwritten and initialed changes, you should decline to accept it and request a clean version whose authenticity you don’t question.

1 Answer | Asked in Contracts and Insurance Bad Faith for Arizona on
Q: does current Arizona law require uninsured-insurance cover: no physical contact, unidentifed motorist, vehicle damage

as in Lowing v. Allstate Ins. Co. AND covering lost wages

T. Augustus Claus
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answered on Aug 7, 2023

Arizona requires drivers to have minimum liability insurance coverage but does not require uninsured motorist coverage for property damage. However, requirements and regulations can change, and insurance policies can vary.

1 Answer | Asked in Business Formation, Business Law, Contracts and Insurance Bad Faith for Arizona on
Q: Do I have a good small claims court case?

I took over a business in Sept 2022, 6/7 mos later I gave the business back to the OG owner as it wasn’t a fit. Oct 22 I did work for a customer, charged him appropriately. In feb 23 I receive a chargeback for “unaware of pmt” to my business act for those services. This causes a whole lot of... View More

Tim Akpinar
Tim Akpinar
answered on Jul 28, 2023

An Arizona attorney could advise best, but your question remains open for two weeks. Before taking action, it could be advisable to first check with the card, financial institution, etc. to see what their policy and your options are in terms of recourses with chargebacks. Good luck

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