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The financing fell through now the seller wants the earnest money, does he have a right to it?
answered on Feb 27, 2019
Your rights and the sellers' rights are governed by your contract. If you are using the standard form contract commonly used in Maricopa County there is a financing contingency that, in most cases, allows the return of your earnest money where you cannot get financing. But there are many... View More 
Is a landlord required to inform me that my rent is late at the time it is received? I obviously would have altered the way I was paying if I knew it was arriving late and that I would be accruing $650 in late fees... I paid in money orders, so there’s no way for me to confirm when it was... View More
answered on Feb 25, 2019
You may have grounds to fight this. So long as your lease does not provide otherwise, you might have an argument that your landlord waived his late fees by continuing to accept your rent without objection and without posting the late fees to your account as they accrued. This is a small dollar... View More
Changing the address of the company to my address and appointing myself as the new statutory agent as the only surviving member. His heirs are now threatening to dissolve the company. Can they do that? The company was not part of their family trust.
answered on Feb 21, 2019
The family of the deceased member might be able to dissolve your LLC. Your Operating Agreement may be of help. It may have provided a succession plan in the event one of the members died. I recommend that you consult with an attorney concerning your legal rights and best options for preserving... View More
Weeks before we get married. What is the best way to take Title in order to protect myself if we were to get divorced in the future?
answered on Feb 7, 2019
To protect yourself in the event of a divorce, it would be good to take title in your name alone as an unmarried man and then follow up with a well drafted ante-nuptial agreement that is negotiated and signed before your marriage takes place. I recommend consulting with an attorney prior to your... View More
answered on Jan 15, 2019
You can ask a guest to leave at any time. If the guest refuses, you can have law enforcement assist. This can become complicated if the guest has lived with you for a lengthy period of time or has assisted you with living expenses. Then the "guest" may claim to be a tenant and you may... View More
Broker paid buyer $25K, Based on Title Insurance. Now buyer want money from estate for additional fees. The sale was 2 years ago.
House was build in early 60s, I am not aware of any modifications made by deceased. I disclosed that I am not aware of any such issues. I have no knowledge of... View More
answered on Jan 7, 2019
I recommend speaking with a real estate attorney about this matter. You were acting on behalf of the the seller trust and the trust may have liability. Your position should be evaluated by an experienced attorney before you make any decisions.
I had defaulted on a judgement that resulted in a wage garnishment. I mailed in my last payment amount in December of 2018 with a letter requesting that they went to court to satisfy the judgment. My question is does the creditor have to send me something in the mail stating that the judgement is... View More
answered on Jan 7, 2019
When a judgment is paid in full, the judgment creditor is required to file a satisfaction of judgment with the court. Usually a copy is sent to the judgment debtor. Completion of a garnishment should result in the judgment being paid in full but there is no guarantee that this is so. I would... View More
Purchased new garage doors 4 yrs ago. Never told verbally or in writing that the finish would deteriorate within 2 to 3 years. High end Overhead Carriage Garage Doors. On their new brand garage doors with same finish warranty states finish guaranteed for 2 years, we did not receive that information... View More
What's the chances the court case they're attempting to bring in the state of arizona will be thrown out because the contract states the lawsuit needs to happen in michigan.
BackGround Information:
This is for the sale of an online business, we used a business broker... View More
answered on Dec 20, 2018
A choice of jurisdiction clause in a contract can be enforceable, so there is a good chance that the lawsuit may need to be transferred to the agreed upon jurisdiction. However, this will not happen automatically. Your attorney will need to raise the issue properly so your Judge can decide it.... View More
answered on Dec 17, 2018
Since your Mom gave you the signed and notarized titles to her home, it appears that she may have intended a gift to you before she died. If so, the mobile home would not be part of her estate. I recommend discussing Mom's estate with a probate attorney. A probate attorney will be able to... View More
My ex attorney received the summons. I have not been served personally. he sent the summons to me in an email. Do I need to respond to this summons?
answered on Dec 15, 2018
I recommend that you consult with new counsel immediately. In most cases you will want to respond to the summons to protect yourself--even if service may be questionable. I would definitely respond unless your new lawyer advises that a response is not needed.
My dad had my mother listed as his beneficiary for life insurance. She passed away in 2008. I am the only child. I would like to avoid probate and if possible be granted rights via right of heir to this policy. Is this possible and what would I need to do to achieve it? If not would a small estate... View More
answered on Dec 12, 2018
Since the policy beneficiary predeceased your father, in order to collect the policy benefits you will need to either probate your father's estate or use a small estate affidavit if the estate is small enough (less than $75,000.00) to make the affidavit procedure applicable. See ARS 14-3971
There was an idea of me transferring and they hired somebody even though it wasn't set in stone transfer and now the transfer isn't going through so they want to demote me
answered on Dec 10, 2018
No, Arizona is an "at will" employment state and, unless you are working under an employment contract, your employer is free to make staffing changes at any time.
In essence the subject property is landlocked. What does a buyer need to do to obtain ingress & egress to the property?
answered on Nov 27, 2018
A buyer would need to obtain an access easement from one of the adjoining landowners. In many cases, there is access that has been used over the years and turning this into legal access by obtaining an easement can often be done with the cooperation of an adjoining landowner. If there is no... View More
During the purchase period about 6 months ago, the tenants saw the Seller’s property management company discover mold and were told by them not to disclose the hidden mold or any of the other leaks or defects to me (the buyer) until purchase was completed, so that it would be “my problem.”... View More
answered on Nov 7, 2018
This is a serious matter. If you have tenants living in the property you must re-mediate the mold immediately and take steps to protect your tenants. Based upon your tenant's comments, you appear to have a good claim against your seller and his agents for the active concealment of this... View More
I have notified the landlord and after 2 months the issue is still not fixed
answered on Oct 24, 2018
What you describe sounds like it might amount to a breach of your lease by your landlord. I recommend speaking with your property manager and negotiating an early lease termination if possible. If this is not possible, you can unilaterally break your lease and leave, but this may result in a... View More
Any chance we can get out of it? Any chance we could get any money back?
answered on Oct 22, 2018
You can usually cancel your contract. Obtaining your earnest money deposit can be difficult. Builder contracts often provide that earnest money deposits are non-refundable. Sometimes you can negotiate a partial refund. Sometimes the reason for cancellation can give you some help, such as the... View More
answered on Oct 12, 2018
You must give the notice required by your lease or rental agreement. If you are on a month to month tenancy, you must give 30 days notice--if you plan to be out by the end of December, you must give your 30 days notice before the end of November.
The creators of the Trust have died, and one of the beneficiaries is the designated Successor Trustee. The said Trustee is instructed explicitly to distribute the Trust assets as described. It has been over 10 years and he hasn't done so. There are no provisions in the trust documents that... View More
answered on Oct 4, 2018
You can provide in your estate planning documents that any real property obtained from this trust pass to the person you designate. However, the more immediate concern seems to be obtaining the property from the Trust. I recommend reviewing the language of this Trust with an attorney to verify... View More
no will, son, daughter and husband ,and me live in it. we want to sell it and split the money we are all in agreement. in arizona
answered on Oct 3, 2018
If the deceased owner was the only person on title, the owner's estate may need to be probated. I strongly recommend that you discuss this with an attorney before taking action. Your attorney will be able to inform you of your legal rights after learning the facts and reviewing any documents... View More
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